LOCAL ENVIRONMENTAL STUDY Tropic Gardens Drive Precinct ...

LOCAL ENVIRONMENTAL STUDY 

Tropic Gardens Drive Precinct - Smiths Lake 

Lots 11 & 12 DP 593531, Tropic Gardens Drive 

August 2010

Contents 

Contents 1 

Summary 1 

Background 1 

Strategic planning 1 

Existing and proposed development 1 

Constraints and opportunities 2 

Development principles 2 

1 Introduction 3 

1.1 Purpose of this report 3 

1.2 Subject land 3 

1.3 Zoning 5 

1.4 Existing development 5 

1.5 Potential development 5 

1.6 Surrounding land use 6 

2 Rezoning process 9 

2.1 Resolution to start the rezoning process 9 

2.2 Consultation with public authorities 9 

2.3 Responses by public authorities 10 

2.4 Onsite meeting in January 2008 10 

HUNTER CENTRAL RIVERS CATCHMENT MANAGEMENT AUTHORITY 10 

NSW DEPARTMENT OF WATER AND ENERGY 10 

NSW DEPARTMENT OF ENVIRONMENT AND CLIMATE CHANGE/GREAT LAKES COUNCIL 10 

GENERAL AGREEMENTS 10 

2.5 Future steps in the rezoning process 11 

3 Strategic context 12 

3.1 Mid North Coast Regional Strategy & growth area maps 12 

SETTLEMENT AND HOUSING 12 

GROWTH AREA MAPS 13 

ECONOMIC DEVELOPMENT AND EMPLOYMENT GROWTH 14 

ENVIRONMENT AND NATURAL RESOURCES 14 

OTHER TOPICS 15 

3.2 Forster Tuncurry Conservation & Development Strategy 15 

OVERVIEW 15 

SMITHS LAKE 15 

3.3 Great Lakes Local Environmental Plan 1996 16 

3.4 Smiths Lake Estuary Management Plan 16 

3.5 Great Lakes Water Quality Improvement Plan 17 

3.6 Other strategies, policies and instruments 18 

Great Lakes Local Environmental Study - Tropic Gardens Drive

4 Environmental characteristics 19 

4.1 Landform and slope 19 

4.2 Stormwater and flooding 21 

STORMWATER FOR LOT 12 21 

STORMWATER FOR LOT 11 22 

FLOODING 22 

4.3 Sea level rise 23 

4.4 Soil and groundwater 24 

GEOTECHNICAL INVESTIGATIONS FOR LOT 12 24 

GEOTECHNICAL INVESTIGATIONS FOR LOT 11 24 

4.5 Water quality 25 

ESTUARY MANAGEMENT PLAN 25 

WATER QUALITY IMPROVEMENT PLAN 26 

DRAFT WATER SENSITIVE DESIGN DEVELOPMENT CONTROL PLAN 27 

4.6 Flora and fauna 27 

FLORA AND FAUNA ASSESSMENT (2000) 27 

FLORA AND FAUNA ASSESSMENT (2007) 28 

REVIEW OF THE 2007 ASSESSMENT 29 

ADDITIONAL FLORA AND FAUNA ASSESSMENT (2009) 29 

COUNCIL’S REVIEW OF THE 2009 ASSESSMENT 31 

CONSERVATION OUTCOMES, LOT 12 31 

BIODIVERSITY OFFSET ASSESSMENT REPORT 32 

CONSERVATION OUTCOMES, LOT 11 33 

4.7 Aboriginal heritage 38 

4.8 European heritage 38 

4.9 Bushfire 39 

REQUIREMENTS OF FORSTER/TUNCURRY CONSERVATION AND DEVELOPMENT STRATEGY 39 

BUSHFIRE HAZARD ASSESSMENT – LOT 12 43 

BUSHFIRE HAZARD ASSESSMENT - LOT 11 43 

4.10 Visual amenity 44 

VISUAL PROMINENCE OF THE PRECINCT 44 

4.11 Summary of environmental constraints 45 

5 Development demands and options 50 

5.1 Smiths Lake 50 

5.2 Settlement pattern 50 

5.3 Population 51 

NEW SOUTH WALES 51 

SYDNEY REGIONAL 51 

GREAT LAKES LOCAL GOVERNMENT AREA 52 

FORSTER/TUNCURRY 53 

5.4 Land supply and demand 56 

SMITHS LAKE SUPPLY AND DEMAND 58 

6 Urban & social infrastructure 61 

6.1 Water and sewerage 61 

6.2 Traffic and access 61 


EVALUATION OF FUTURE INTERSECTION PERFORMANCE 62 

PEDESTRIAN AND CYCLISTS 63 

6.3 Electricity 64 

6.4 Telecommunications 65 

6.5 Community services 65 

6.6 Transport 69 

6.7 Education 70 

7 Consistency with planning policies 73 

7.1 Mid North Coast Regional Strategy 73 

7.2 State Environmental Planning Policies 73 

7.3 Regional Environmental Plans 73 

7.4 Marine Parks Act 1997 73 

7.5 Local planning directions 74 

7.6 Hunter Central Rivers Catchment Action Plan 74 

7.7 Legislation 74 

8 Development principles 76 

8.1 Subdivision layout 76 

8.2 Water quality management 76 

8.3 Water-sensitive urban design 77 

8.4 Habitat management 77 

ECOLOGICAL CONSIDERATIONS FOR LOT 12 77 

ECOLOGICAL CONSIDERATIONS FOR LOT 11 77 

MANAGEMENT RECOMMENDATIONS 77 

CONSERVATION OUTCOMES 78 

8.5 Aboriginal heritage 78 

8.6 Visual amenity 78 

8.7 Bushfire 79 

8.8 Traffic management 79 

PEDESTRIANS AND CYCLISTS 79 

8.9 Management of potential environmental impacts 80 

DEVELOPMENT CONTROL PLAN 80 

8.10 Funding and provision of infrastructure 81 

PLANNING AGREEMENT 81 

References 83 

Glossary 85 


Appendices 86 

Appendix 1 Section 62 responses 87 

Appendix 2 Preliminary concept planPreliminary concept plan 93 

Appendix 3 Consistency with NSW policies and strategies 95 

Local planning (117) Directions 95 

Relevant NSW policies 100 

NSW Coastal Policy 1997 101 

State Environmental Planning Policy No 71 – Coastal Protection 105 

Mid North Coast Regional Strategy 108 

Hunter Central Rivers Catchment Action Plan 110 

Tables 

Table 1: Existing development 5 

Table 2: Public authorities and corporations consulted under s. 62 9 

Table 3: Remaining steps in the rezoning process 11 

Table 4: Summary of stormwater quality 21 

Table 5: Annual average pollutant export loads 22 

Table 6: Smiths Lake water quality summary 26 

Table 7: Summary of constraints 46 

Table 8: Smiths Lake settlement profile 55 

Table 9: Legislation 74 

Figures 

Figure 1: Locality and study area map 4 

Figure 2: Current zoning 7 

Figure 3: Surrounding land use 8 

Figure 4: Ecological condition - Smith's Lake 17 

Figure 5: Slope analysis 20 

Figure 6: Vegetation communities 34 

Figure 7: Fauna habitat significance 35 

Figure 8: Survey locations 36 

Figure 9: Threatened fauna 37 

Figure 10: Bushfire prone land 41 

Figure 11: Proposed bush fire emergency evacuation routes 42 

Figure 12: Constraints 49 

Figure 13: Regional population projections 52 

Figure 14: Population projections Forster/Tuncurry 54 

Figure 15: Smiths Lake vacant lots and slope 59 

Figure 16: Smiths Lake vegetation 60 

Figure 17: Projected traffic volumes 2017 63 


References used in this report 

References to previous organisations or titles mean their successor and current 

organisations or titles, as the case requires. The current names of the organisations and 

titles are used in this report. 

Reference 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minister for Urban Affairs and Planning 

Minister for Infrastructure and Planning 

Department of Urban Affairs and 

Planning 

PlanningNSW 

Department of Infrastructure, Planning 

and Natural Resources 

Director-General of the Department of 

Urban Affairs and Planning 

Director-General of PlanningNSW 


Infrastructure, Planning and Natural 

Resources 

Director-General of National Parks and 

Wildlife 

National Parks and Wildlife Service 

NSW Department of Environment and 

Conservation 

Commonwealth Minister for the 

Environment, Water, Heritage and the 

Arts 


Environment and Water Resources 


Environment and Heritage 


Environment 

Australian Government Department of 

the Environment, Water, Heritage and 

the Arts 


the Environment and Water Resources 


the Environment and Heritage 

Environment Australia 

Current organisation or title 

used in this report 

Minister for Planning 

Department of Planning 


Planning 


Environment, Climate Change and Water 

NSW Department of Environment, Climate 

Change and Water 

Commonwealth Minister for the Environment 

Australian Government Department of the 

Environment, Water, Heritage and the Arts 


Summary 

Background 

Great Lakes Council proposes to rezone Lots 11 and 12 in DP 593531 (the Precinct) at 

Tropic Gardens Drive, Smiths Lake to enable residential development and 

conservation outcomes (the proposed rezoning). The proposed rezoning would 

amend Council’s current Great Lakes Local Environmental Plan 1996 (LEP 1996). 

Under the LEP 1996, the Precinct shown in Figure 2, is currently zoned for future urban 

investigation. This report is an environmental study that is required by Section 57 of 

the Environmental Planning and Assessment Act 1979 when a council proposes to 

amend land use zones. 

Strategic planning 

The proposed rezoning is an outcome of strategic planning policies prepared by the 

NSW Government and Great Lakes Council. 

Part of the land at Tropic Gardens Drive was identified in the Forster Tuncurry 

Conservation and Development Strategy (Council: 2003) (FTCDS) as being suitable for 

development. Council adopted the FTCDS in 2003 and it forms the basis for 

proceeding with the proposed rezoning. 

The NSW Government finalised the Mid North Coast Regional Strategy (Regional 

Strategy) and its growth area maps in 2009. It presents a number of themes that will 

guide future population growth in the Manning Valley-Great Lakes subregion. The 

Regional Strategy is a local growth area strategy that can be used to support the 

inclusion of the Precinct in LEP 1996. Part of the Tropic Gardens precinct has been 

identified as a Growth Area in the Regional Strategy. 

Existing and proposed development 

The Precinct is comprised of two lots. Lot 11 is about 6ha while Lot 12 is about 36ha, 

totalling about 42 hectares. It adjoins residential development in Smiths Lake to the 

south and west; land to the north and east is used for rural living or is public land. A 

lodge and recreational facilities are located on Lot 11; Lot 12 is not developed. 

A preliminary concept plan has been prepared for the Precinct. While Council has not 

rejected or endorsed the concept plan, it gives an indication of the locations where 

development, access and conservation areas could be located, and an indicative 

development yield. 

Great Lakes Local Environmental Study - Tropic Gardens DrivePage 1

Constraints and opportunities 

Council has reviewed environmental assessments prepared by the applicant, 

undertaken a review of the applicant’s flora and fauna assessment, and engaged 

consultants to prepare environmental assessments for cultural heritage and traffic. The 

assessments identify important environmental characteristics of the Precinct. 

There are four key environmental features that constrain development in the Precinct: 

the presence of high conservation value vegetation and habitat; the management of 

water quality in the freshwater lagoon, and a suitable interface between private and 

public land use on the foreshore of Smiths Lake and emergency bushfire 

access/egress. 

The Precinct provides an opportunity for residential development in a location that is 

an extension to the village of Smiths Lake Village without causing significant harm to 

these key environmental values or creating land use conflicts commonly associated 

with air, noise or odour. 

The proposed rezoning would be consistent with a range of NSW Government policies 

and statutory planning instruments, including the Mid North Coast Regional Strategy, 

various State Environmental Planning Policies, local planning directions issued by the 

Minister for Planning, the Hunter Central Rivers Catchment Action Plan, and relevant 

NSW legislation. 

Development principles 

To ensure that measures to reduce or avoid harmful environmental impacts discussed 

in this environmental study are implemented, Council will prepare a Development 

Control Plan (DCP) for the Precinct. The DCP will regulate development aspects, 

including subdivision and development layout, vegetation and habitat management, 

water quality management, and traffic and access. 


1 

Introduction 

1.1 Purpose of this report 

Great Lakes Council proposes to rezone Lots 11 and 12 in DP 593531 (the Precinct) at 

Tropic Gardens Drive, Smiths Lake to enable residential development and 

conservation outcomes (the proposed rezoning). The proposed rezoning would be an 

amendment to Council’s Great Lakes Local Environmental Plan 1996 (LEP 1996). 

This report is an environmental study that is required by Section 57 of the 

Environmental Planning and Assessment Act 1979 (the EP&A Act) when a council 

proposes to amend land use zones. It presents information on a number of topics 

including: 

1. The land that the proposed rezoning would affect and its features. 

2. The type of development that would be permissible if the proposed rezoning 

proceeds. 

3. The strategic planning policies that regulate land use in the Precinct. 

4. The features that should be conserved or that require ongoing management. 

5. The areas that would be zoned for development, conservation or other uses. 

1.2 Subject land 

The Tropic Gardens Drive Precinct comprises Lots 11 and 12 in DP 593531 at Smiths 

Lake. The village of Smiths Lake is about 20 kilometres south of Forster and is located 

off The Lakes Way. The Precinct is located at the end of Tropic Gardens Drive. The 

Precinct extends in elevation from about two metres Australian Height Datum (AHD) 

at the freshwater lagoon to about 40 metres at the top of the Knoll on Lot 11. 


Figure 1: 

Locality and study area map 

Great Lakes Local Environmental Study - Tropic Gardens Drive Page 4

A preliminary concept plan which has not been endorsed or rejected by Council 

adopts features that would make it different to existing developments in Smiths Lake: 

irregular lot boundaries that respond to slope and outlook, the integration of building 

types with lot areas and boundaries, small-scale clustering, and the use of a looped 

access road. In contrast, most development in Smiths Lake is predominantly single 

detached dwellings on regular-shaped lots fronting public roads. 

1.3 Zoning 

Under LEP 1996, the Tropic Gardens Drive Precinct is currently zoned 1(c) Future Urban 

Investigation Zone as indicated in Figure 2. 

The intention of the 1(c) zone is to identify land that may be suitable for future urban 

development subject to detailed investigations. The 1(c) zone permits uses that will 

not prejudice or create conflict with possible future urban development. 

1.4 Existing development 

Table 1 identifies existing development in the Precinct. 

Table 1: 

Existing development 

Property 

Lot 11 

DP 593531 

Lot 12 

DP 593531 

Total 42.08 

Area 

(ha) 

5.94 Existing dwellings 

(the Lodge) 

Existing development Public road access Comment 

Tropic Gardens 

Drive 

36.14 None Tropic Gardens 

Drive and Sandbar 

Road 

Intermittent use 

Vacant 

Accommodates 

sewage pumping 

station 

R85411 is a Crown foreshore reserve that separates Smiths Lake from Lot 11 and 12. It 

has a variable width, but it is about 40 to 50 metres wide where it adjoins both Lots 11 

and 12. 

1.5 Potential development 

The intent of an LES is not to investigate specific predefined development 

outcomes/proposals for land. However, the development of a preliminary concept 

plan can be beneficial to inform studies as part of the LES process and is useful in 

showing likely development yields, road locations and areas where asset protection 

zones would be required. The proponent has submitted a preliminary concept plan 

for the Precinct which has been prepared and reviewed to provide a level of certainty 

that the land is capable of future development. A copy of the preliminary concept 

plan is included in Appendix 2. 


A number of the studies prepared as part of the LES process are based around the 

principles in the preliminary concept plan. 

1.6 Surrounding land use 

Figure 3 shows land uses in the areas surrounding the Precinct. 

The village of Smiths Lake is built on a prominent, steep ridge on the northern shore of 

Smiths Lake. The village primarily accommodates urban-scale residential 

development. Residential living is supported by the neighbourhood commercial 

centre on Macwood Drive. The road network radiates from Macwood Drive, which 

follows a local ridge. Secondary roads follow local ridges and contours. There is a ruralresidential 

development on Paradise Close, at the northern perimeter of the village. 

Beyond the village of Smiths Lake, land is used predominantly for rural living, 

agriculture and tourism. Tarbuck Bay, a smaller village than Smiths Lake, is also located 

on the shore of Smiths Lake, about two kilometres to the northwest on The Lakes Way. 

A tourist park is located at Sandbar, east of the village of Smiths Lake. 


Figure 2: 

Current zoning 


Figure 3: 

Surrounding land use 


2 

Rezoning process 

2.1 Resolution to start the rezoning process 

In a letter from the Department of Planning dated 24 December 2003, the Department 

endorsed the rezoning of Category 1 precincts in the FTCDS, including the Tropic 

Gardens Drive Precinct, subject to Council preparing a housing strategy. 

Following this advice, Council resolved on 27 February 2007 to rezone land identified 

in the Tropic Gardens Drive Precinct. The Department of Planning advised Council by 

letter dated 2 May 2007 that it should continue with the preparation of the proposed 

rezoning. 

2.2 Consultation with public authorities 

Under Section 62 of the EP&A Act, a council must consult with public authorities when 

it prepares a draft Local Environmental Plan (LEP). Council initially wrote to ten public 

authorities and two corporations to advise them that Council had started the rezoning 

process and to invite them to provide comments on relevant matters. After additional 

information was received from the applicant, Council wrote to the Hunter Central 

Rivers Catchment Management Authority and the NSW Marine Park Authority. Table 2 

shows the public authorities and corporations that Council consulted. 

Table 2: Public authorities and corporations consulted under s. 62 

Roads and Traffic Authority MidCoast Water 

NSW Department of Water and Energy NSW Department of Primary Industries 

Hunter New England Health Service CountryEnergy 

NSW Heritage Office NSW Rural Fires Service 

Hunter Central Rivers Catchment 

Management Authority 

Department of Environment Climate 

Change and Water. 

NSW Marine Parks Authority NSW Department of Education and 

Training 

Telstra Optus Communications 

Under Section 34A of the EP&A Act, a council must consult with the Director-General 

of the National Parks and Wildlife Service if, in a council’s opinion, a draft LEP could 

affect critical habitat or threatened species, populations or ecological communities, or 

their habitats. Council advised the Director-General by separate letter of the proposed 

rezoning on 26 June 2008 and received the Director-General’s response on 26 August 

2008. 


2.3 Responses by public authorities 

Appendix 1 presents a summary of responses received by Council. No responses were 

received from Optus, or the NSW Department of Education and Training. Responses 

are considered in more detail in Appendix 1. 

2.4 Onsite meeting in January 2008 

Council organised an onsite meeting in January 2008 that was attended by Council 

staff, the applicant’s consultants, and representatives of the NSW Department of 

Environment, Climate Change and Water, the NSW Department of Water and Energy 

and the Hunter Central Rivers Catchment Management Authority. The purpose of the 

meeting was to consider potential urban development and environmental constraints 

in the Precinct. The key outcomes from the meeting are summarised below. 

Hunter Central Rivers Catchment Management Authority 

While the Hunter Central Rivers Catchment Management Authority did not provide 

written advice, the Authority advised Council that future development must satisfy the 

“improve or maintain” test and would need to be assessed using the Property 

Vegetation Plan developer tool under the Native Vegetation Act 2003. 

NSW Department of Water and Energy 

The riparian setback to the freshwater lagoon should be 40 metres. Asset protection 

zones should not encroach into the riparian setback. The setback may be reduced (but 

must be a minimum of 20 metres) if upstream overland flows are diverted to a water 

quality treatment system. The removal of weeds and maintenance of low native 

vegetation would be acceptable within the riparian setback, between the road edge 

and the freshwater lagoon. 

No water quality controls would be permitted in the 20 metre setback. The existing 

dam wall/weir on the existing track will require a new spillway and an approval under 

the Water Management Act 2000 may be required 

NSW Department of Environment and Climate Change/Great Lakes Council 

The central water body has important habitat values that could be directly or indirectly 

affected by the proposed uses on Lot 12. 

General agreements 

Representatives at the meeting agreed on the following additional outcomes: 

 

 

 

Identify links to the pedestrian foreshore network along eastern boundaries of Lots 

11 and 12. 

All undeveloped land in Lot 12 would be zoned environmental protection and 

managed as a conservation lot under community title. 

All water quality treatment systems should be outside of riparian corridors. 


2.5 Future steps in the rezoning process 

This document is the environmental study required under Section 57 of the Act. Table 

3 shows the remaining steps in the rezoning process. 

Table 3: 

Step 

Remaining steps in the rezoning process 

If Council is satisfied with this report and the proposed rezoning, it will 

forward the proposed rezoning and this report to the Department of Planning. 

Section in the 

Act 

Section 64 

Council would then request that the Director-General of the Department of Section 65 

Planning certify the proposed rezoning for exhibition 

If the Director-General certifies the proposed rezoning for exhibition, Council Section 66 

would give notice of the exhibition and publicly display the proposed rezoning 

and this report for at least 28 days. Council would also notify the public 

authorities consulted under Section 62 of the exhibition of the exhibition of 

the proposed rezoning. The public notice would invite any person to make a 

submission on any aspect of the proposed rezoning. 

The public makes submissions on the proposed rezoning. Section 67 

After the public display, Council would record and consider all submissions it Section 68 

received. If Council intends to proceed with the proposed rezoning, Council 

would prepare a report to the Department of Planning that reviews all aspects 

of the proposed rezoning, the submissions received and Council’s responses 

to the submissions. 

Council could decide to alter or defer part of the proposed rezoning, and if it 

does, it has the discretion to decide whether to re-exhibit it. 

The Director-General of the Department of Planning would prepare a report Section 69 

to the Minister for Planning that considers Council’s Section 68 report and 

makes a recommendation on whether or not the Minister should make the 

proposed rezoning. 

The Minister for Planning may decide to make the proposed rezoning, with or Section 70 

without changes, or decline to make it. 


3 

Strategic context 

The NSW Government and Great Lakes Council have prepared planning strategies and 

instruments that regulate or guide development in the Great Lakes local government 

area, including Smiths Lake. This section reviews the key policies and instruments. The 

adopted strategies form the basis for proceeding with the proposed rezoning. 

3.1 Mid North Coast Regional Strategy & growth area maps 

The Mid North Coast Regional Strategy (NSW Government 2009) (the Regional Strategy) 

sets out guiding principles on how the future growth of the Mid North Coast will be 

planned and managed. Its primary purpose is to ensure that adequate land is available 

and appropriately located to accommodate projected housing and employment 

needs between 2006 and 2031 and shows where and how growth should occur. It 

places limits on growth in areas where environmental, cultural or natural resource 

values are high. The Regional Strategy also shows the priorities for regional 

infrastructure planned by the State to support future growth. The NSW Government 

will review the Regional Strategy every five years. 

The Regional Strategy covers eight local government areas: 

Clarence Valley Coffs Harbour 

Bellingen Nambucca 

Kempsey Port Macquarie-Hastings 

Greater Taree Great Lakes 

The Regional Strategy identifies four regional centres – Grafton, Coffs Harbour, Port 

Macquarie and Taree. Forster/Tuncurry is classified as a major town and is part of the 

Manning Valley-Great Lakes subregion. 

The Regional Strategy identifies a number of themes. 

Settlement and housing 

The population of the Mid North Coast is about 330,600 and the majority of the 

community lives in the four regional centres and six major towns, including 

Forester/Tuncurry. The Regional Strategy predicts that the population will increase by 

91,000 to about 424,600 during the Regional Strategy’s life. 


The Regional Strategy recognises the need to plan for a range of housing types that 

can adapt and respond to the ageing population. Forster/Tuncurry, among other 

centres, has the capacity to accommodate a range of infill development. 

Importantly, land may not be rezoned for urban or rural residential use unless it is 

included in an agreed local growth management strategy that is consistent with the 

Regional Strategy. 

Councils and the Department of Planning will need to agree on local growth area 

strategies and maps that are based on the settlement principles in the Regional 

Strategy and subregional housing projections allocated to each local government 

area. Great Lakes and Greater Taree local government areas have been allocated 

15,000 additional dwellings. The split between the two councils will need to be 

resolved. 

Under the Regional Strategy, the FTCDS is a local growth management strategy that 

has been endorsed (for Category 1 areas) by the Department of Planning. 

Growth area maps 

The Regional Strategy includes a set of Growth area maps (GAMs) developed with local 

councils and relevant government agencies to ensure adequate, appropriately-located 

housing and employment land has been identified to meet the future growth needs of 

the Region. 

GAMs identify both existing areas of urban settlement and proposed new release 

areas. Settlement expansion will be limited to these mapped areas and must meet 

specific criteria in order for them to be considered for any future urban expansion. 

The Regional Strategy has identified part of the Precinct within the GAMs as having the 

potential for future urban development. The original development envelope, as 

contained within Council's FTCDs was based on a preliminary assessment, subject to 

further investigations. Detailed studies prepared for the Precinct as part of the LEP 

process have identified a larger, more suitable development envelope which 

accurately responds to the inherent natural attributes of the Precinct. 

The Regional Strategy indicates that where demonstrated through a local growth 

management strategy or rezoning process that a reasonable adjustment to a growth 

area boundary is desirable and is consistent with the Regional Strategy, then variation 

of the boundary may be considered. In determining the extent of the variation 

consideration will be given to the efficient use of infrastructure/services, avoidance of 

significant environmental constraints and natural resources, and reinforcement of the 

regional strategy hierarchy. Any variation will be determined through a joint analysis 

undertaken between the Department of Planning and the local Council. 


Departures from the GAMs should be justified through the findings of detailed studies 

prepared as part of the rezoning process. In this regard the following points are 

provided in regards to the draft LEP: 

 

 

 

 

Proposed future development in question will draw upon existing infrastructure 

and services within the established Smiths Lake village. Sufficient capacity exists 

for water and sewage requirements and existing road and infrastructure will be 

upgraded to accommodate increasing traffic flows and pedestrian activity. 

DPI have advised that the draft LEP will not impact upon any significant mineral, 

forestry or agricultural resources, nor will any future development associated with 

the draft LEP affect future primary industry development options in that locality. 

The draft LEP will be not located in an area with significant environmental 

constraints. Findings from detailed studies prepared in conjunction with the 

rezoning process have indicated that environmental constraints associated with 

future development can be addressed. 

The draft LEP reinforces the regional settlement hierarchy as it is reasonably 

accessible to the major town of Forster/Tuncurry which has a functional role in 

servicing the Great Lakes subregion. The draft LEP will not compromise the role of 

Forster/Tuncurry as a major town 

Economic development and employment growth 

The Regional Strategy emphasises new retail and office development in major regional 

centre and towns, rather than isolated out-of-centre locations. It identifies an 

additional 39 ha of industrial land that will be needed in the next 25 years in the 

Manning Valley-Great Lakes subregion. The Regional Strategy promotes future 

industrial development around existing urban areas, although it recognises that some 

industries may need to be located outside of towns due to their scale or nature. 

LEPs will need to identify regional infrastructure corridors. Where future rezoning or 

development increases the need for State infrastructure, the Minister for Planning may 

require a contribution to its provision. Where regional centres, major towns and towns 

are well connected to pedestrian and cycle way corridors, LEPs should provide for 

passenger interchanges. 

Environment and natural resources 

The NSW Department of Environment Climate Change and Water (DECCW) will 

prepare regional conservation plans to manage biodiversity values. LEPs should 

protect and zone land with high environmental values, such as wetlands, littoral 

rainforests, habitat and riparian corridors, and waterways and coastal areas. New 

development must avoid high value environments, including significant coastal lakes, 


estuaries, aquifers, threatened species habitat, vegetation communities and habitat 

corridors. 

The Regional Strategy recognises the need to prepare a Regional Water Plan to 

provide long-term water efficiencies and improved drought security. To identify and 

manage risks associated with climate change, council will need to undertake flood 

investigations for land with the potential to be inundated by sea level rise. LEPs will 

also need to include provisions to protect development in areas with coastal erosion 

risk or ocean-based inundation. Until these investigations are finalised, councils will 

not be able to zone land or approve new development or redevelopment in such 

areas. 

Other topics 

The Regional Strategy will allow rural residential development to be provided as one 

form of housing choice. Settlements in rural areas will need to protect agricultural 

productivity and must be located close to existing centres but not in areas that may in 

the future accommodate urban expansion. The Regional Strategy also discusses the 

preparation of local commercial strategies and affordable housing strategies. 

3.2 Forster Tuncurry Conservation & Development Strategy 

Overview 

The Forster Tuncurry Conservation and Development Strategy (Great Lakes Council 2003) 

(FTCDS) reviews opportunities for and constraints to the development of land in the 

Forster and Tuncurry areas. It prioritises opportunities based on land capability, the 

absence of ecologically sensitive features, proximity to transport network and services, 

and avoidance of uneconomic demands on Council’s resources or services. 

Council adopted the FTCDS in 2003 and requested that the Department of Planning 

endorse the FTCDS. The Department endorsed the FTCDS in late 2003, subject to 

Council preparing a housing strategy. Council adopted a housing strategy for Forster 

and Tuncurry in December 2006, but its scope does not extend to Smiths Lake. 

Smiths Lake 

The FTCDS identifies land with potential for residential development in Smiths Lake, 

based on the findings of the Smiths Lake Planning Study prepared in 2000 by WBM 

Oceanics: the Macwood Precinct and The Lodge Precinct. The Lodge Precinct is about 

five hectares and is centred on the elevated parts of Lots 11 and 12. Council exhibited 

a draft LEP and environmental study for the rezoning of the Macwood Precinct in 2008 

which was gazetted in 2009. 

The FTDCS identifies the main constraints to development at Smiths Lake, including 

The Lodge Precinct: 


Smiths Lake has native vegetation with high conservation value and supports key 

fauna habitats and corridors. Threatened flora and fauna have been recorded in 

the area. 

Smiths Lake and Wallis Lake have high water quality and are sensitive to nutrients 

and sediments in stormwater runoff. 

Part of Smiths Lake is bushfire prone land that requires the implementation of 

asset protection zones and fire-protective construction. Both Precincts are uphill of 

vegetation, which increases the protection requirements. 

While both sewer and water facilities can be augmented to serve the two 

Precincts, The Lakes Way may require improvements. 

The scenic values of Smiths Lake, from both the foreshore and lake as well as the 

Smiths Lake village area, need to be protected from inappropriate development. 

The desired future urban character of Smiths Lake should focus on reducing urban 

sprawl, avoiding development on steep sites, using water sensitive and energyefficient 

designs, providing mainly for residential development and usable open 

space, and providing ecotourism developments. 

The FTCDS concludes that the Tropic Gardens Drive Precinct could support some 

residential development, provided that environmental impacts were assessed in more 

detail and any impacts were adequately managed. It is a Category 1 precinct in the 

FTCDS. The NSW Department of Planning supports the exhibition of draft LEPs that 

have been identified as Category 1 precincts in the FTCDS. 

3.3 Great Lakes Local Environmental Plan 1996 

Great Lakes Local Environmental Plan 1996 is the principle environmental planning 

instrument that regulates land use in the Great Lakes local government area. Among 

other things, it defines land use zones, supported by zoning maps, to show the land 

uses that can be carried out without or development consent, or that are prohibited. It 

also sets minimum lot sizes for subdivision or development of land. 

3.4 Smiths Lake Estuary Management Plan 

The Smiths Lake Estuary Management Study and Management Plan (Webb McKeown & 

Associates 2001) was prepared for Council under the NSW Government’s Estuary 

Management Program. The Plan coordinates the management of Smiths Lake 

between government and the community. The Plan identifies that water quality in 

Smiths Lake is generally good, primarily due to the relatively undeveloped or 

protected state of the Lake’s catchment. Consideration of future land uses in the 

catchment should take into account the protection of water quality and quantity 


entering Smiths Lake. The Plan identifies a protocol for the manual opening of the 

entrance. 

3.5 Great Lakes Water Quality Improvement Plan 

Council’s Great Lakes Water Quality Improvement Plan: Wallis, Smiths and Myall Lakes 

(WQIP) is a comprehensive plan for improving water quality in the three major 

catchments within the Great Lakes local government area (Great Lakes Council 2009). 

The WQIP identifies the planning processes that were used to prepare the plan, 

presents detailed catchment data, and recommends management and support 

actions needed to implement the plan. 

The WQIP identifies that Smiths Lake has high conservation value. The ecological 

condition target for Smiths Lake is to this maintain high conservation value, and where 

possible improve on current conditions to offset possible future increases in pollutants 

or impacts from use of Smiths Lake. 

Figure 4: 

Ecological condition - Smith's Lake 

Source: Great Lakes Council 2009, Water Quality Improvement Plan 


For Smith’s Lake, in regards to water quality the WQIP states that the ecological target 

is as follows: 

"…to maintain the high conservation value of the lake, improving the ecological 

condition to establish a buffer and no deterioration." 

The WQIP recommends that the development of greenfield sites should implement 

water-sensitive urban design principles and in particular, development should achieve 

a no net increase in pollutants when compared to the pre-development land use. 

3.6 Other strategies, policies and instruments 

Section 7 and Appendix 3 review policies and instruments that are relevant to the 



4 

Environmental characteristics 

This section outlines the findings of the environmental investigations conducted as 

part of the local environmental study and provides details of existing site 

characteristics 

4.1 Landform and slope 

The Precinct has two major features: relatively steep slopes that fall from a local knoll 

near the common boundary between Lots 11 and 12; and a large freshwater lagoon in 

the centre of Lot 12 that receives runoff from a small elevated catchment that nearly 

encircles the lagoon. 

The freshwater lagoon discharges under an existing unsealed track that joins Sandbar 

Road. It flows into an unnamed creek and then into Symes Bay, Smiths Lake. The 

existing road and drainage pipes under it act as a weir that prevents elevated water 

levels in Smiths Lake (which occur from time to time when the entrance is closed) from 

entering the freshwater lagoon 

Ground elevations range from a low of about two metres along the shore of the 

freshwater lagoon to about 42 metres on Lot 11 where Tropic Gardens Drive ends. The 

terrain slopes vary from near flat; along the southern shore of the freshwater lagoon 

on Lot 12, to more than 30% in isolated areas of Lots 11 and 12 (refer Figure 5). 

The general steepness of Lot 11 and parts of Lot 12 is a constraint that limits the 

location of potential development. The FTCDS states that land should be protected 

where development which would result in unacceptable environmental impact. 

Examples of land that should be protected are given including land with slope in 

excess of 20%. 

Most of the Tropic Gardens Dr precinct (approximately 90%) has slope of less than 20% 

but there are some small pockets with development potential that have slope of 25 – 

30%. Exclusion of these small steeper areas would not be practical as it would result in 

an irregular and inefficient development layout. 


Figure 5: 

Slope analysis 


The Department of Planning's Settlement Planning Guidelines sets limits to 

development on sloping sites and allows development on slopes up to 33% or 18 

degrees. On sloping sites the Settlement Planning Guidelines indicate that appropriate 

mitigating actions need to be applied including attention to building design and 

construction and road layout. Buildings with elevated floors will reduce the impact of 

cut and fill and roads should avoid the steep areas as much as possible 

4.2 Stormwater and flooding 

Stormwater for Lot 12 

A Stormwater Concept Strategy (Stormwater Strategy) has been prepared by Lidbury 

Summers and Whiteman (Stormwater Concept Strategy, 2010) based on the preliminary 

concept design in Appendix 2 for development on Lot 12. 

A combination of measures including rainwater tanks, gross pollutant traps, water 

quality raingardens, bioswales and buffer strips have been proposed to manage the 

discharge of nutrients and pollutants leaving the site. 

The existing lagoon and its existing outlet structures could be used to attenuate postdevelopment 

peak discharges to existing levels for all storm events up to and 

including the 100 year ARI rainfall event. 

Due to the large storage in the lagoon, the only change required to attenuate postdevelopment 

flows to existing flows is the raising of the fire trail weir by 20mm. 

The table below shows a summary of the pre-existing and post-development peak 

flows and top water levels in the lagoon. 

Table 4: 

Summary of stormwater quality 

An assessment of water quality for Lot 12 was undertaken using the MUSIC (Model for 

Stormwater Improvement Conceptualisation) tool. MUSIC is a conceptual water 

quality assessment design tool that estimates stormwater pollutant generation from 

different land uses to estimate performance of a proposed water quality strategy. 

The MUSIC model was based around the preliminary concept design for Lot 12. Table 

5 presents the average annual pollutant export loads at the downstream extent of the 


subject site under the pre and post development conditions (with and without 

treatment). 

Table 5: 

Annual average pollutant export loads 

Results in Table 5 indicate that the proposed stormwater management strategy would 

meet or exceed the water quality objectives for the site, which were: 

• Post development loads of Gross Pollutants, Total Suspended Soils (TSS), Total 

Nitrogen (TN) and Total Phosphorus (TP) are to be reduced to be comparable to predevelopment 

pollutant loads (i.e. "no net increase"). 

The Stormwater Strategy demonstrates that development runoff from Lot 12 would be 

less than or equal to the undeveloped flow from the site for all storm events up to and 

including the 100 ARI rainfall event. 

Stormwater for Lot 11 

Due to the knoll, it would be difficult or impractical to convey stormwater from future 

development on Lot 11 to Tropic Gardens Drive. Stormwater would need to be 

discharged towards Smiths Lake and must be adequately treated so that there is no 

net increase in pollutants (nutrients and sediments) when compared to the existing 

land use (Great Lakes Council 2009). There are suitable locations on Lot 11 to detain 

and treat stormwater before it is discharged to a natural drainage line and Smiths Lake. 

Flooding 

Water levels in the freshwater lagoon are controlled by the weir formed by the access track to 

Sandbar Road. The top of the track varies between two and three (3) metres AHD. 

Council’s protocol for manual openings of the entrance to Smiths Lake requires that 

the entrance be opened when the water level reaches 2.1 m AHD. Manual openings of 


the entrance would minimise the potential for water levels in Smiths Lake to overtop 

the access track and enter the freshwater lagoon. The freshwater lagoon has a 

relatively steep and small catchment. Intense rainfall in the catchment would raise 

water levels until they overtopped the access track but would not be expected to 

exceed the discharge rate over the access track. 

Based on the preliminary concept design for Lot 12 no structures would be built at an 

elevation lower than about seven or eight metres AHD, at least four metres above the 

height of the access track and at least five metres above the maximum water level in 

Smiths Lake. Development proposed on Lot 11 is at or above 18 metres AHD. Neither 

Lot 11 nor Lot 12 would be subject to flooding. 

4.3 Sea level rise 

In October 2009 the NSW government released the NSW Sea Level Rise Policy 

Statement and the Draft NSW Coastal Planning Guideline: Adapting to Sea Level Rise 

(The Guideline). The Guideline has been prepared to provide guidance on how sea 

level rise and its associated impacts are to be considered in land use planning and 

development assessment in coastal NSW. The Policy Statement outlines the 

Governments objectives and commitments in regards to sea level rise adaptation 

including support that the Government will provide to costal communities and local 

council's to prepare and adapt to rising sea levels. 

The Policy statement indicates that sea level rise is an incremental process which will 

have medium to long term impacts. The best national and international projections of 

sea level rise along the coast are for a rise relative to 1990 mean sea levels of 40cm by 

2050 and 90cm by 2100 (NSW Sea Level Rise Policy Statement 2009). 

DECCW have requested that Council take into consideration the requirements of 

chapter 8 (Natural hazards) of the Mid North Coast Regional Strategy (Regional Strategy) 

regarding climate change. Details of consistency with the Regional Strategy are 

included in Appendix 3. 

Based on information provided by Council, the level of the 1 in 100 year flood event in 

Smiths Lake would be 2.5 metres. Taking into account the NSW planning benchmark 

for sea level rise of 0.9, development below about 3.4 metres could be subject to 

flooding impacts by 2100. Since the lowest level of development in the preliminary 

concept plan is at or above seven (7) meters AHD, development would not be at risk of 

1 in 100 year event flooding combined with sea level rises. 


4.4 Soil and groundwater 

Geotechnical investigations for Lot 12 

The owners of Lot 12 engaged a consultant to investigate geotechnical conditions of 

Lot 12 (Coffey Geotechnics 2007). The investigation considered existing site features, 

groundwater, soils, acid sulphate soils, soil erosion potential, soil bearing capacity and 

site classification under AS 2870. It also provided information on road design and site 

preparation. No investigations were undertaken on Lot 11. 

Lot 12 is located on thinly bedded siltstone and mudstone soil landscapes; low lying 

areas in the north are part of an alluvial swamp landscape. Six soil types were 

encountered in 14 test pits: fill, topsoil, alluvial soil, residual soil, mudstone and 

sandstone. The site classification is Class M Moderately Reactive under AS 2870. 

Test pits showed a residual soil profile with rock at shallow depth in 13 test pits. All test 

pits were dry at the time of excavation in August 2007. Shallow rock precluded the 

installation of groundwater monitoring wells in all but one test pit. In that test pit, a 

monitoring well two metres below surface level collected 70 mm of water after one 

month but was not sufficient to enable the water to be analysed. 

Based on site observations, drainage primarily occurs by surface runoff; infiltration into 

the subsurface clay profile would be a minor component. Some seepage may occur on 

the soil-rock interface although no seepage was observed in the test pits. The 

permanent groundwater table is expected to be present in joints and factures in the 

rock below the level of the test pits. Soil erodibility tests from three test pits indicate 

that the soils have moderate to high erodibility factors. (Emerson Class 2(1), 3(1) and 5). 

Development should implement effective soils and erosion controls. 

The northeast part of Lot 12 is an alluvial swamp landscape with a low probability of 

acid sulphate soils occurring between one and three metres below the surface. 

Samples from two test pits in the lower areas of Lot 12 were screened for actual or 

potential acid sulphate soils. The test results show that neither actual nor potential 

acid sulphate soils were present at these locations. 

The investigation concluded that Lot 12 is suitable for the future development based 

on principles shown on the preliminary concept plan. 

Geotechnical investigations for Lot 11 

Based on a desktop assessment it was determined that similarly to Lot 12, Lot 11 is 

located on thinly bedded siltstone and mudstone soil landscapes. 

According to Council's Acid Sulfate Soil Planning Maps Lot 11 (excluding a small 

section in the south) is within in the lowest risk category (Class 5) for Acid Sulfate Soils 

(ASS). In this respect it is not expected that works over Lot 11 will disturb ASS. 


Based on site observations, drainage primarily occurs by surface runoff; infiltration into 

the subsurface clay profile would be a minor component. 

It is anticipated that soils for Lot 11 would have moderate to high erodibility factors 

based on assessments for Lot 12. Development should implement effective soils and 

erosion controls. 

Based on the desktop investigation it is considered that Lot 11 is suitable for the future 

development. Further investigations will be required at the Development Assessment 

stage to determine the suitability of specific sections of Lot 11 for future development 

given a detailed geotechnical study over this land has not been undertaken. 

4.5 Water quality 

Smiths Lake has an area of 10km² and receives water from the Smith's Lake Catchment 

(the Catchment) which has an area of 23km². The Catchment is small in relation to the 

size of the lake and is generally undeveloped and mostly forested. 

The Lake is intermittently opened at the ocean entrance but is generally closed for the 

majority of rainfall events. These factors make the lake vulnerable to pollution 

discharge so it is imperative that development with the Catchment is managed to 

maintain a high level of water quality. 

Estuary Management Plan 

The Estuary Management Plan for Smith’s Lake (Webb and McKeown, 2001) found the 

water quality to be very good with result described in Table 6 (see also Figure 4). 


Table 6: 

Smiths Lake water quality summary 

Water Quality Parameter Typical Levels ANZECC/SPCC 

Faecal Coliforms 

(cfu/100ml) 

- Maximum wet weather 

runoff 

- Median lake values 

>600 

urbanisation has the potential to reduce the pollutant load with the imposition of 

contemporary water sensitive urban design measures. 

Future development in the Precinct will need to be consistent with the provisions of 

the WQIP for the facilitation of measures for the maintenance of water quality in 

Smiths Lake. 

Draft Water Sensitive Design Development Control Plan 

Council's Draft Water Sensitive Design Development Control Plan (Draft DCP) has been 

prepared to facilitate the application of the principles of Water Sensitive Urban Design 

in the Great Lakes Local Government Area. 

The Draft DCP has been developed to protect and enhance natural water systems and 

water quality by improving the quality of stormwater runoff from urban catchments. It 

also aims to minimise harmful impacts of development upon water balance and 

surface and groundwater flow regimes by taking a "whole of water cycle" approach. 

The Draft DCP promotes the integration of stormwater management systems into the 

landscape in a manner that provides multiple benefits including water quality 

protection, stormwater retention and detention, and public open space and 

recreational and visual amenity. 

Future development in the Precinct will need to be consistent with the provisions of 

the Draft DCP for the facilitation of measures for Water Sensitive Design. 

4.6 Flora and fauna 

Flora and fauna assessment (2000) 

During the development of Council's FTCDs the owners of Lot 12 engaged a 

consultant to prepare a flora and fauna assessment for Lot 12 (ERM Australia Pty Ltd 

2000). 

The assessment identified the ecological characteristics of Lot 12 and opportunities for 

and constraints to future urban development. The findings of the assessment were 

used to inform the FTCDs. 

The assessment identified five native vegetation communities, as well as cleared land 

and cleared easements with isolated trees. The assessment recorded 108 flora species; 

the threatened plant Syzygium paniculatum could be present but was not recorded. 

The assessment identified five fauna habitats. A koala habitat assessment identified 

that potential koala habitat (under the guidelines in State Environmental Planning 

Policy 44 – Koala Habitat Protection) was present in seven plots and that there was 

evidence of koala activity in the disturbed dry open forest habitat. The surveys 

identified eight (8) frog, seven (7) reptile, 83 bird and 25 mammal species. Ten (10) 


threatened animal species were recorded: Glossy Black Cockatoo, Powerful Owl, 

Osprey, Koala, Squirrel Glider, Yellow-bellied Glider, Grey-headed Flying-fox, Eastern 

Freetail Bat, Little Bent-wing Bat and Greater Broad-nosed-bat. Other threatened 

animal species could be present but were not recorded. The assessment found that 

the five habitats had moderate to moderate/high conservation value. 

The assessment identified potential impacts from urban development: habitat 

removal, disruption of habitat corridors, road mortality and cat predation. It 

recommended measures to reduce adverse impacts. 

Flora and Fauna assessment (2007) 

The owners of Lot 12 engaged a consultant to prepare a more comprehensive and up 

to date flora and fauna assessment for Lot 12 (Cumberland Ecology 2007). The 

assessment reviewed previous data and considered the results of field surveys 

undertaken between February and May 2005. The assessment made several findings: 

 

 

 

 

 

Lot 12 consists of areas of open grassy woodland that are highly disturbed and 

areas of open-closed forest that vary in condition, with some areas subject to 

lantana infestation. 

Eight main vegetation communities occur, four of which are endangered 

ecological communities: Rainforest (EEC), Forest Red Gum and Dry Grassy 

Blackbutt-Tallowwood, South Coast Shrubby Grey Gum, Dry Blackbutt, Swamp Oak 

Floodplain Forest (EEC), Spotted Gum-Blackbutt and Brushbox, Swamp Sclerophyll 

Forest (EEC), and Coastal Flooded Gum Forest (EEC). No threatened plant species 

were recorded. Figure 6 shows the location of these communities. 

Five (5) main fauna habitats occur: the freshwater lagoon and forested shore, the 

shore of Smiths Lake, woodland with a grassy understorey subject to understorey 

clearing, woodland with a regenerating understorey, and closed forests with 

interspersed lantana thickets. The freshwater lagoon and forest habitats contain 

trees with hollows that would support arboreal fauna. Figure 7 shows fauna 

habitat significance on the land. 

Six (6) threatened animal species were recorded in or next to the Precinct: Black 

Bittern, Glossy Black-Cockatoo, Masked Owl, Grey-headed Flying-fox, Eastern 

Chestnut Mouse, and Little Bent-wing Bat. There are records from previous surveys 

in or next to the Precinct for the Koala (scat), Squirrel and Yellow-bellied Gliders 

(spotlight and call playback), Long-nosed Potoroo (ambiguity in the record), and 

microcheropteran bats in the Precinct. Figures 7 and 8 show fauna and flora survey 

locations and location of threatened fauna respectively. 

The gully and lowland rainforest communities, both of which are part of the 

Lowland Rainforest on Floodplain Endangered Ecological Community, and the 


Review of the 2007 assessment 

Council’s Senior Ecologist reviewed the first flora and fauna assessment to consider 

whether it provided the information required by Council’s rezoning and development 

guidelines, and the adequacy of its findings. Council’s review identified deficiencies in 

the assessment’s scope and presentation of data. The agreed outcomes of the meeting 

with public authorities in January 2008 (see Section 2.4) addressed some of these 

deficiencies. Council’s review recommended a scope of additional survey and 

assessment that would be needed to satisfy Council’s requirements and allow the 

rezoning to proceed: 

 

 

 

Prepare an aquatic habitat assessment. 

Develop and extend the information on vegetation communities and faunal 

habitat and species information. 

Provide details of those who participated in the surveys and assessment. 

Council’s review also recommended that the environmental study include a summary 

of biodiversity and ecological management options. 

Additional flora and fauna assessment (2009) 

The owners of Lot 12 engaged the consultant to provide the additional information 

requested by Council (Cumberland Ecology 2009). The additional assessment provided 

the information requested by Council. 

Aquatic assessment 

The aquatic assessment assessed water quality properties at five locations around the 

freshwater lagoon and considered its ability to provide habitat for freshwater fish and 

invertebrates. Sampling of macro invertebrate populations indicated that water 

quality is good along the edge of the lagoon, but not high enough to support a high 

species diversity, which may indicate that urban stormwater pollutants are entering 

the lagoon. 

Two fish species were recorded: Flathead Gudgeon is common in eastern Australia and 

Mosquito Fish is an introduced pest. Three macrophyte communities were recorded in 

the lagoon and all species are native to the area and common. Eleocharis reed beds are 

found in the southern and western parts of the lagoon and are likely to provide 

important habitat for fish, macro invertebrates and aquatic birds. Other macrophytes 

provide shelter and habitat for macro invertebrates. 


The aquatic assessment found that the freshwater lake is a slightly to moderately 

disturbed ecosystem that provides a diverse range of habitats but does not constitute 

significant fish habitat. 

Additional vegetation information 

The additional assessment reviewed the classification of previously-surveyed 

vegetation communities and the results of additional surveys during late April/early 

May and July 2008. It assigned a significance ranking based on Council’s Great Lakes 

Vegetation Strategy to each vegetation community and mapped the boundaries of the 

endangered ecological communities. 

Four (4) individuals of Fergusons Ironbark potentially occur within the area proposed 

for future urban development over Lot 12. While positive species identification could 

not be obtained, these trees should be retained. 

Additional fauna habitat information 

The additional assessment reviewed the results of new surveys that enable structural 

fauna habitat types to be scored and mapped. The fauna habitat scores vary between 

20 for cleared land and 135 for gully rainforest out of a possible score of 190. The 

communities with the lower scores tend to be those with the greater level of 

disturbance. The area of Lot 12 proposed to be rezoned for urban purposes (excluding 

the existing access track that joins Sandbar Road) would be in fauna habitats with a 

score of 20 to 85. 

The additional assessment noted that Lot 12 is within key habitats under the NSW 

Department of Environment Climate Change and Water's mapping. It is part of the 

Walllingat-Booti Booti regional wildlife corridor and to the west of the Booti Booti- 

Myall Lakes regional wildlife corridor. 

The additional assessment quantified the extent and size of tree hollows within the 

proposed urban footprint of Lot 12. Forty-four (44) hollow-bearing trees (including five 

stags) occur within and next to the footprint, eight of which contain hollows greater 

than five centimetres. 

Based on the preliminary concept plan the additional assessment determined that 

about 25 cone-bearing Glossy Black Cockatoo feed trees would need to be removed, 

but there were many more feed trees within the proposed urban footprint and the 

remainder of Lot 12. 

Of the 597 koala preferred food trees found within or next to the footprint of the 

preliminary concept design, 173 would be removed under the concept design. While 

Lot 12 could be used by transiting koalas, there is no evidence of a resident population 

or evidence of use within the development footprint of the preliminary concept plan. 


Council’s review of the 2009 assessment 

Council’s Senior Ecologist reviewed the additional flora and fauna assessment to 

consider whether it provided the information previously requested by Council. 

Council’s Senior Ecologist was generally satisfied with the additional survey and 

assessment. The review identified five measures to improve mitigation actions that 

were proposed in the additional assessment. Namely: 

 

 

 

 

 

The Cumberland Ecology Report (2009) notes that cats should be subject to 

curfew. It is recommended that no cats be kept or introduced to this land and that 

such be effectively controlled and regulated. Dogs may be suitably permitted, 

provided that they are appropriately confined in accordance with relevant 

legislation. 

Provisions in land controls should be applied to ensure that no net loss of tree 

hollows occurs as a consequence of development. It is noted that the preliminary 

concept design provides for a high degree of hollow tree retention. Losses in 

hollows through clearing should be offset by requirements to erect artificial 

nesting boxes in retained trees or the internal wildlife movement corridor. 

Provisions in land controls be applied to ensure that a net loss of Allocasuarina 

torulosa does not result as a consequence of the development proposal to ensure 

that cumulative impacts on the glossy black cockatoo are avoided 

Provisions in land controls be applied to ensure that a net loss of preferred koala 

food tree species does not result as a consequence of the development proposal 

to ensure that cumulative impacts on the koala (and its potential local habitat) are 

avoided 

It is recommended that the “vegetation retained on the subject land should be 

managed for conservation under a bushland management plan focussing 

primarily on weed control.” However, as a more effective conservation outcome, 

the suggestion is made that discussions be initiated with respect to the dedication 

of the entire conservation area (referred to as compensatory habitat on the dwg 

no. OPTO6 SK-01) and the freshwater lagoon to DECC. There may need to be some 

discussions between the Council, the registered proprietors and DECC regarding 

the funding of primary weeding activities and access over the conservation area 

should this land be sought to be dedicated. 

Council's Senior Ecologist further indicated that the conservation area and freshwater 

lagoon should be appropriately zoned for environmental protection and that the 30- 

metre wide internal wildlife corridor should be considered for a zoning that 

appropriately distinguishes it from the adjoining residential areas. 

Conservation outcomes, Lot 12 


To offset the proposed development over Lot 12 the owners have offered to enter into 

a Voluntary Conservation Agreement (VCA) for the undeveloped portion of Lot 12 

being about 28 hectares (Offset Land). 

A VCA is a legal agreement under section 69 of the National Parks and Wildlife Act 1974 

between the landholders and DECCW. These agreements provide permanent 

protection for the special natural and cultural heritage values of the land. Once 

entered into, they are legally binding on both current and future landholders. The 

land subject to a VCA is identified and registered on the land title. 

The Offset Land contains known Endangered Ecological Communities (EECs), 

threatened species and significant fauna habitat. 

The rezoning of the Offset Land (currently zoned 1(c) Future Urban Investigation) for 

environmental protection is considered to be important ecological outcome for the 

protection of sensitive ecological communities and significant fauna habitat over Lot 

12. 

It is considered that the VCA will ensure that the Offset Land is protected into 

perpetuity and managed to protect and enhance environmental values. 

Biodiversity Offset Assessment Report 

To ensure that the Offset Land meets the improve or maintain outcome for 

biodiversity values and in order to have consideration for ECCs within the Precinct 

DECCW have advised that a Biodiversity Offset Assessment Report (BOAR) would need 

to be prepared. 

The BOAR would need to adequately consider the DECCW principles for the use of 

biodiversity offsets in NSW. DECCW indicated that the BOAR would need to be 

structured to show compliance with the thirteen (13) offsetting principles and should 

include the necessary background information such as impact of the proposal, offset 

site details, land audit, condition assessment, result of flora and fauna surveys and 

proposed on-site mitigation measures. 

DECCW indicated the BOAR should also show how the ongoing protection and 

management of the Offset Land is sufficient to justify the proposed development 

footprint which is larger that the identified urban release area in the Regional 

Strategy's GAMs. In this respect the improve or maintain outcome for biodiversity 

values would need to be met and there is a possibility that further mitigation/offset 

measures may be required at the development application stage. 

Council has received the BOAR from the proponent which has been reviewed by 

Council’s Senior Ecologist. A number of constraints and limitations have been 

identified with the information submitted however, Council's Ecologist is satisfied on 


the basis of the information available that the location of the proposed development 

and conservation envelopes are adequate and that offsets put forward can be 

satisfactory, provided that there is a pertinent level of effort to conservation and 

management input that would enhance and restore the condition and resilience of 

these offset areas. 

In order for the BOAR to meet Council's and DECCWs requirements some amendments 

will have to be made to the final document. Council is currently in the process of 

advising the applicants in this respect and anticipates that the finalised document will 

be available shortly. 

Conservation outcomes, Lot 11 

A desktop assessment has been undertaken for Lot 11. On this basis the following 

vegetation communities have been identified on the site: 

 

 

 

 

Tallowwood Open Forest; 

Forrest Red Gum Dry Grassy Blackbutt – Tallowwood Forest; 

Dry Blackbutt Forest; 

Swamp Oak Floodplain Forest. 

Of these Swamp Oak Floodplain Forest is the only ECC and occurs only as a narrow 

strip along the foreshore reserve (Refer Figure 6). 

Based on DECCWs Threatened Fauna Records in the locality no known threatened 

species are considered to occur on the land. 

A large portion of Lot 11 should be rezoned for environmental protection (about 4 ha) 

due to slope, vegetation and fauna corridor constraints. Areas proposed for urban 

development do not form part of significant habitat or EECs. 

A fauna corridor will link the freshwater lagoon and habitat with high conservation 

value with the foreshore of Smiths Lake and would assist in maintaining regional fauna 

connectivity over Lot 11 and 12. 

The future management of the undeveloped areas on Lots 11 and 12, including the 

fauna corridor, would need to be considered at the development application stage. 


Figure 6: 

Vegetation communities 


Figure 7: 

Fauna habitat significance 


Figure 8: 

Survey locations 


Figure 9: 

Threatened fauna 


4.7 Aboriginal heritage 

Council engaged a heritage consultant (Archaeological Surveys and Reports 2007) to 

prepare an Aboriginal heritage study for Lots 11 and 12. Two representatives of the 

Cultural and Heritage Unit of the Forster Local Aboriginal Land Council assisted with a 

field survey undertaken in October 2007. The study considered geological and 

ecological features, available resources and previous land uses to develop a predictive 

model of Aboriginal occupation, which directed the main effort for the field survey. 

While the representative of the Cultural and Heritage Unit of the Forster Local 

Aboriginal Land Council prepared a report, which is included in an appendix to the 

study, the Forster Local Aboriginal Land Council did not provide a letter supporting 

the study’s findings, as explained in Section 2 of the study. 

The one location in which there was no artefactual evidence, but which never the less, 

may have been use by Aboriginal people is "The Knoll" being the summit of the point 

immediately to the south of the residence on Lot 11 known as "Veropa Park" . This 

location, immediately above the lake shoreline has views in excess of 200 degrees of 

the bay and shorelines. It looked direction out into the mouth of Smiths Lake, and was 

therefore in a perfectly sheltered location from which to observe the movements of 

other people in the area, fish runs, and approaching storms, and within a very short 

distance from spear-fishing opportunities in the shallow waters of the edge of the bay. 

In some circumstances an archaeologist might identify the location as a Potential 

Archaeological Deposit (PAD), but realistically, it would neither be viable or practical to 

undertake test excavations of the point in the hope of finding artefactual material. It 

was probably a location that would have been used by Aboriginal people, but likely 

that any artefactual material or contexts have been significantly disturbed during 

clearing for its use by the visitors of Veropa Park. Although the point has not been 

identified as a PAD the study recommends that the point should remain undeveloped 

and should be set aside as a foreshore reserve (Appleton, 2007). 

With the exception noted above, no sites of cultural or scientific significance were 

recorded and no Potential Archaeological Deposits were identified. The study 

concludes that there are no constraints on Lots 11 or 12 arising from Aboriginal 

archaeological or cultural values. 

4.8 European heritage 

There are no listings in Smiths Lake under Australian or NSW Governments heritage 

registers. The nearest heritage area is the Myall Lakes National Park, which is listed on 

the Register of the National Estate. The Precinct is not readily visible from the southern 

shoreline of Smiths Lake, which is the closest part of the Park. There are no heritage 

listings under LEP 1996. The Lodge and its surrounding buildings are not identified in 

the Great Lakes Heritage Study (Great Lakes Council 2007). 


4.9 Bushfire 

The requirements for effective bushfire planning and management in the rezoning 

process have a legislative basis in the Environmental Planning and Assessment Act 1979 

and the Rural Fires and Environmental Assessment Legislation Act 2002. More detailed 

guidelines are also included the Planning for Bushfire Protection Guidelines, 2006 by the 

NSW Rural Fire Service and Planning NSW. 

According to Council’s bushfire prone land maps, the Precinct (other than the 

freshwater lagoon) contains category 1 vegetation. The area within 100 m of this 

vegetation is therefore bushfire prone land and it includes all land in the Precinct. 

Figure 10 shows the extent of bushfire prone land in the Precinct. 

Requirements of Forster/Tuncurry Conservation and Development Strategy 

One of the major concerns with further development in the Smiths Lake Locality is 

emergency access in the case of a bushfire. This is an issue that needs to be resolved 

prior to any further rezoning and development in the Smiths Lake as further 

development will only exacerbate the current situation. 

Great Lakes Council has recognised the bushfire issue for the Smiths Lake area in the 

Forster/Tuncurry Conservation and Development Strategy. Accordingly, and a Bushfire 

Management Plan has been prepared for the Smiths Lake locality. This plan made 

several recommendations in relation to the locality including: 

 

 

 

 

 

 

 

 

Provision of additional fire fighting resources; 

Preparation of an evacuation plan; 

Hazard and waste management; 

Management of reserves; 

Community education and fire protection; 

Careful management of future development; 

Water and power supply; and 

Specific area recommendations. 

It will be important to ensure that the bushfire risk for Smiths Lake is at an acceptable 

level prior to any further rezoning and development. This will include ensuring that a 

strategy is in place for the implementation of any outstanding actions in the Bushfire 

Management Plan. Specific issues of concern include bushfire hazard and emergency 

evacuation from the village. 

The Bushfire Management Plan recommended several bushfire trails through the 

village. The main access/egress routes identified in the Plan include: 


at the end of Paradise Road onto Sandbar Road, 

at the end of New Forster Road onto The Lakes Way. 

Both routes need to act as emergency access/egress for the village. 

A further route to assist Council with resolving the emergency evacuation situation 

would be from Tropic Gardens Drive to Sandbar Road 

The proposed routes are shown in Figure 11. These routes are the only practical 

options available for emergency egress to the external road system. Sandbar Road is 

not a public road but it is constructed to an adequate standard for emergency use if 

the need arises. The Lakes Way is a main road and the point of intersection will be 

satisfactory subject to traffic controls under emergency conditions. 

Provision of these routes will be a significant improvement upon the current 

emergency access situation. Construction of these routes in accordance with the 

standards set out in the Planning for Bush Fire Protection Guidelines will be essential 

before any development of the Precinct. It is anticipated that Council will seek to have 

the construction works guaranteed as part of a formal Planning Agreement under the 

Environmental Planning and Assessment Act, 1979. 

The NSW Rural Fire Service advised Council that future development would require a 

Bush Fire Safety Authority under s. 100B of the Rural Fires Act 1997. 


Figure 10: Bushfire prone land 


Figure 11: Proposed bush fire emergency evacuation routes 


Bushfire hazard assessment – Lot 12 

The owners of Lot 12 engaged a consultant to prepare bushfire hazard assessment 

which takes into account the 2006 revision to the NSW bushfire protection guidelines 

(Travers environmental 2008). The bushfire hazard assessment was modelled around a 

preliminary concept plan. While the preliminary concept plan has not been endorsed 

or rejected by Council it does provide a basis for the assessment of bushfire risk to 

potential residential development. 

The assessment which updated the previous assessment (Conacher Travers 2005) 

made the following findings and recommendations: 

 

 

Development proposed on Lot 12 is subject to ember attack, radian heat and 

potential flame attach, primarily from forest and gully rainforest vegetation to the 

northwest and west of the area proposed for urban development and to a lesser 

extent from foreshore vegetation along the freshwater lagoon and Smiths Lake. 

Asset protection zones should be provided based on aspect, vegetation and slope 

attributes. The recommended zone widths vary from 10 to 48 metres. 

The level of bushfire attack varies from medium to extreme. Level 1, 2 and 3 

building construction standards will most likely be required in accordance with AS 

3959. 

 

 

 

Hazard management in all asset protection zones should be undertaken in 

accordance with a fuel management plan. The plan should detail requirements for 

management of all asset protection zones and residual vegetation, including the 

fauna corridor located on Lot 12. There are no impediments to managing fuel 

loads by mowing or slashing. 

The Smiths Lake Rural Fire Brigade, if not responding elsewhere, could respond to 

an incident in the Precinct within 5 to 15 minutes. The Pacific Palms Rural Fire 

Brigade would have a response time of 25 minutes. 

The primary access to the Precinct is Tropic Gardens Drive and provides safe access 

for emergency vehicles. A secondary emergency access would be provided using 

the existing access track that joins Sandbar Road, to the east of Lot 12. All future 

roads will need to comply with the guidelines for safe access for emergency 

services. 

The bushfire hazard assessment establishes that future development on Lot 12 is likely 

to be able to comply with the bushfire planning guideline. 

Bushfire hazard assessment - Lot 11 

The bushfire hazard assessment did not consider Lot 11. Lot 11 has similar slopes to 

Lot 12, but the aspect and vegetation are different. 


While the location and width of asset protection zones, and the level of building 

construction standards, have not been determined for the proposed rezoning, Council 

considers that there is adequate area in which to create an asset protection zone to 

enable urban-scale development to be approved by the NSW Rural Fire Service. Until a 

bushfire hazard assessment is prepared, a buffer 50 metres wide will be included in the 

proposed residential zone which will exclude development until a bushfire hazard 

assessment established the location and width of required asset protection zones. 

4.10 Visual amenity 

Visual prominence of the Precinct 

There are numerous methodologies that can be used to assess the scenic quality of 

particular landscape. The most appropriate methodology will depend upon the 

diversity of landscape elements such as landforms and the natural features present in 

the area being assessed. Complex assessment matrices can be developed where the 

area is large and/or contains a number of different landscape elements. 

In the case of the Precinct the area is relatively small and does not demonstrate great 

diversity in the landscape elements. Consequently the visual and scenic quality 

assessment can be straightforward by simply identifying the main features of the site 

that are visible from various vantage points. 

There are limited opportunities to view the Precinct from surrounding locations: 

 

 

 

From Sandbar Road, between The Lakes Way and the access track that adjoins the 

eastern boundary of Lot 12, there may be intermittent views of portions of the 

Precinct. 

There are views of Lot 11 from Sandbar Road, south of the road to Celito. 

There are views of Lot 11 from Symes Bay. 

From the end of Tropic Gardens Drive, Lot 11 and the south-western part of Lot 12 

are visible from the street and from the yards of lots directly west of the Precinct. 

Existing vegetation, both within the Precinct and adjoining areas along Sandbar Road 

and Symes Bay, obstruct broad views to the Precinct. 

Future urban development would remove some vegetation and introduce new visual 

elements. However, limiting vegetation removal, and the presence of retained 

vegetation and topography, would limit the opportunities to view the Precinct from 

surrounding locations. 

While Council acknowledges the Marine Parks Authority’s concerns with changes to 

Lot 11, it does not consider a total prohibition of all forms of urban development to be 


a reasonable requirement. Should the rezoning proceed, and development ensue the 

changes caused by vegetation removal and the construction of new buildings would 

be visible from Smiths Lake and Symes Bay. However, in the context of landforms and 

development that are now visible to viewers on Smiths Lake and Symes Bay, the 

changes would not be so adverse as to warrant the requested ban on urban 

development. The retention of existing vegetation within the proposed environmental 

protection zone on Lot 11, including existing tall trees, would minimise the change in 

visual amenity for users on Smiths Lake or Symes Bay. 

Given the steep to undulating terrain, intervening vegetation and the existing pattern 

and density of development, adjoining residents are unlikely to experience adverse 

changes in visual amenity from development in the Precinct. To protect privacy, 

Council would include controls that require landscaping to be provided on the 

western boundary of the Precinct, next to Tropic Gardens Drive, and existing 

vegetation along the western boundaries of Lots 11 and 12 to be retained to provide 

visual privacy to adjacent properties. 

4.11 Summary of environmental constraints 

The environmental characteristics of the Precinct have been assessed as part of the 

rezoning process. Based on this information a summary of the key constraints to the 

future development of the land has been developed. Table 7 summaries these 

environmental constraints, identifies the likely environmental impact associated with 

them, and shows how the constraint will be managed. 


Table 7: 

Summary of constraints 

Constraint Likely environmental impact How to manage 

Steep land in the Precinct. 

Presence of threatened 

plants and endangered 

ecological communities in 

the Precinct. 

Difficulty in managing erosion 

and sedimentation impacts 

during construction of roads, 

services and houses. 

Difficulty in complying with 

Council’s guidelines on 

maximum gradients for urban 

roads and intersections. 

Desire to create level building 

sites that require cut and fill, 

leading to increased risks of 

erosion or failure, and higher 

construction and maintenance 

costs. 

Under a 7 part test, clearing of 

threatened plants or 

endangered ecological 

communities would likely have 

significant impact and trigger 

the need for a species impact 

statement. 

Clearing under the Native 

Vegetation Act 2003 unless it 

satisfies the improve or 

maintain test. 

Clearing of threatened species 

and/or endangered ecological 

communities would be contrary 

to Council’s policies. 

Exclusion of small steeper areas 

would not be practical as it would 

result in an irregular and 

inefficient development layout. 

The subdivision concept should 

respond to slope and outlook of 

the land. 

Attention should be given to 

building design and construction 

and road layout. 

Buildings with elevated floors will 

reduce the impact of cut and fill 

and roads should avoid the steep 

areas as much as possible. 

Provisions within a DCP will 

assist to regulate development 

on steep sites. 

Significant habitat, plants and 

EECs should be protected by 

rezoning these areas for 

environmental protection. 



Visual impact of 

development from Smith's 

Lake. 

Development on Lot 11 could 

impact upon views from Smith's 

Lake which could affect visitors 

in the Port Stephens Great 

Lakes Marine Park. 

The retention of existing 

vegetation within the proposed 

environmental protection zone on 

Lot 11, including existing tall 

trees, would minimise the change 

in visual amenity for users on 

Smiths Lake or Symes Bay. 

Future development in the 

Precinct will need to satisfy 

provisions contained with a site 

specific DCP which will also 

incorporate the specific 

recommendations for the 

protection of visual amenity over 

Lot 11. 

Bushfire 

Development of Lots 11 and 12 

could impact on the visual 

amenity of adjoining residents. 

Clearing of vegetation to 

accommodate dwellings 

including APZs and Outer 

Protection Areas (OPAs). 

Vegetation removal, should be 

limited and vegetation including 

tall tress should be retained were 

possible. 

To protect privacy, Council would 

include controls that require 

landscaping to be provided on 

the western boundary of the 

Precinct, next to Tropic Gardens 

Drive, and existing vegetation 

along the western boundaries of 

Lots 11 and 12 to be retained to 

provide visual privacy to adjacent 

properties. 

APZ and Outer Protection Areas 

(OPAs) should not to be 

permitted in the environmental 

protection zone (other than the 

identified wildlife corridor). 

Dwellings, including APZs and 

OPAs to be located so as to 

minimise environmental impacts. 

i.e to maintain vegetation where 

possible. 



Emergency bushfire 

access 

Water quality in the fresh 

water lagoon/Smiths Lake 

Potential for post development 

runoff to increase pollutant 

loads and decrease water 

quality. 

Construction of bushfire 

emergency access routes 

identified in the Bushfire 

Management Plan for Smiths 

Lake should be required before 

any development of the Precinct 

can occur. These routes should 

be constructed in accordance 

with the standards set out in the 

Planning for Bush Fire Protection 

Guidelines. 

Development should be in 

accordance with the provisions of 

Council's WQIP to ensure 

"Neutral or Beneficial Effect" on 

the water quality in Smiths Lake. 

Future development should be 

consistent with design principles 

contained within Council's Draft 

Water Sensitive Design DCP. 

For the purposes of determining the land capability, or development envelope for the 

site the above constraints should be taken into consideration. These constraints are 

shown below in Figure 12. 

It is considered that other environmental attributes or constraints can be satisfactorily 

managed or accounted for in the detailed planning and development control phases. 


Figure 12: Constraints 


5 

Development demands and options 

5.1 Smiths Lake 

Smiths Lake is located about a 20 minuets by car south of Forster/Tuncurry, and about 

3.5 hours north of Sydney. It is set in an attractive landscape which has high visual 

relief and quality, and substantial areas of native vegetation with potential 

conservation value. 

Residential and small-scale tourist orientated development have expanded the village 

of Smiths Lake over the years and now provide a range of accommodation and 

services for permanent and seasonal residents. 

The Smiths Lake village is about 3km square km in size and contains steep, vegetated 

landforms including lakeshore and estuarine land, forested toe, mid and upper slopes, 

ridge topes and partially urbanised areas. 

5.2 Settlement pattern 

The settlement pattern of Smiths Lake has generally been dictated by the area's 

natural attributes. The local road network aligns with the topography with roads 

radiating from the ridge lines to serve the residential areas. Most allotments are 

conventional rectangular shaped allotments with larger, elongated allotments on the 

steeper slopes. The extensive stands of native vegetation provide a character of low 

density housing nestled in forests. The FTCDS described the characteristics of Smiths 

Lake as follows: 

"Smith's Lake, despite a long history of settlement and development retains a dense 

vegetation cover, which is intrinsic to the current character of the village." 

The FTCDS identifies the desired future character for the area to be developed by 

complying with following parameters: 

 

 

 

 

 

Development should respect natural topography, ‘nestling’ into the landscape, 

avoiding steep sites for both development and open space areas; 

Urban design which is water sensitive and energy efficient; 

Clearly define the edge and centre of the village; 

Provide for mainly residential development, with user friendly open space; 

Small-footprint and small-scale development; 


Provide for appropriate ecotourism developments in locations with scenic and 

environmental amenity, provided that these values are not compromised; 

Heights in residential areas should be generally restricted to two-storeys. 

Future development within Smith’s Lake village should identify environmentally 

sensitive areas for protection purposes, impose controls on site coverage and building 

height and ensure that land zoned for urban purposes is in accordance with the above 

parameters. 

5.3 Population 

New South Wales 

In terms of population trends in NSW, the Australian Housing and Urban Research 

Institute reports that in addition to the general aging of the population and reduction 

in the household size, coastal regions outside Sydney tend to experience high outmigration 

rates for 20-24 year olds, but high in-migration rates above age 30 and 

particularly at ages 50 and over. 

The population of New South Wales is projected to increase to 9.1 million by 2036, an 

increase of 2.25 million (or 33%) on the 2006 population of 6.8 million. Three-fifths of 

this growth will be driven by natural increase (births minus deaths) and two-fifths by 

net migration. 

Growth will vary by age group. Between 2006 and 2036 the population under 18 years 

of age is projected to increase by 19%, those aged 18 to 64 years by 21%, and those 

aged 65 years and over by 111%. Consequently the percentage of the population aged 

65 and over is expected to rise from 13.5% in 2006 to 21.5% by 2036. This quantum of 

population ageing is typical in Australia and throughout the western world. 

The annual number of births is projected to rise by 18% over the 2006-36 period, 

surpassing the 100,000 per year mark in the early 2020s. The annual number of deaths 

is expected to rise by 41% over the same period due to population ageing. 

The State’s population will shortly reach 7 million. The 8 million milestone is projected 

to be passed in 2022, with the 9 million milestone reached by 2035 (NSW State and 

Regional Population Projections 2006-2036, 2008 release). 

Sydney Regional 

The population of the Sydney region is projected to grow from 4.3 million in 2006 to 

6.0 million by 2036, an increase of 1.7 million or 40% over the period. This increase 

represents about three quarters of the State’s projected population growth to 2036. 

Although Sydney acts as the primary gateway to Australia for overseas migrants, 69% 

of its projected population will actually be driven by natural increase, with net 

migration comprising the remaining 31%. The large contribution from natural 


increase is facilitated by a healthy Total Fertility Rate (1.79 babies per woman) and a 

population age structure which includes a large population in the peak childbearing 

ages and a relatively small elderly population (NSW State and Regional Population 

Projections 2006-2036, 2008 release). 

The coastal regions outside Sydney are projected to experience strong population 

growth, primarily due to net migration gains. In addition to Sydney, regions projected 

to experience growth rates above those of the State as a whole are: South Eastern, 

Richmond-Tweed and the Illawarra region excluding Wollongong. 

All regions will experience large percentage increases in their elderly populations as 

the baby boom generation ages and life expectancy increases. 

The following table presents historical and projected populations for the State’s 

regions. Note all figures shown in table are in thousands. The region relating to 

Smiths Lake would be the Mid North Coast Region. 

Figure 13: Regional population projections 

Great Lakes Local Government Area 

The Great Lakes Local Government Area (LGA) compromises the major urban centre of 

Forster/Tuncurry, the growing coastal townships of Hawks Nest and Tea Gardens, the 

traditional rural centres of Bulahdelah and Stroud and a large rural hinterland. Early 

development in the area dates from the 1820s and continued slowly into the early 

1900s, primarily in Forster/Tuncurry. The most significant development of the LGA 


occurred in the post-war period, particularly from the 1960s aided by the tourism and 

sandmining industries, and by road and bridge construction. In more recent years the 

area has emerged as a popular ‘lifestyle destination’ with increasing numbers of 

retirees, people seeking an alterative or coastal lifestyle and holiday makers. 

The importance of the Great Lakes area as a destination for retirees from areas further 

south is expected to continue. As a result there is some pressure for residential 

expansion with the Council area from both existing residents and from people moving 

to the area. It is assumed that this pattern will continue into the future driving 

development on the outskirts of Forster/Tuncurry, Hawks Nest/Tea Gardens and other 

coastal townships (forecast id, 2010). 

In 2006 the total population of the LGA was estimated at 34,182 persons. It is 

expected this number will increase by over 6,700 people to 40,930 by 2021, at an 

average annual growth rate of 1.21% per annum over 15 years. This assumption is 

based on an increase of over 3,500 households during this period with the average 

number of persons per household falling slightly from 2.26 to 2.19 by 2021 (forecast id, 

2010). 

As state above, this growth rate has primarily resulted from in-migration due to the 

expansion of the tourism industry, retirement sectors and the general attraction of the 

Great Lakes as living destination. 

Forster/Tuncurry 

The population of the Forster/Tuncurry Urban area was 18,372 at the 2006 Census 

(ABS: 2006). At the time of the 2006 Census, nearly 57% of the population of the LGA 

resided in Forster/Tuncurry with 56% of the annual growth of the LGA occurring in 

Forster and Tuncurry. The average annual growth rate of Forster/Tuncurry is presently 

1 - 2%. 

As for development in general LGA growth in Forster/Tuncurry has been driven 

primarily from in-migration due to the expansion of the tourism industry, retirement 

sectors and the general attraction of the coast as living destination. 


Figure 14: Population projections Forster/Tuncurry 

Projected Population For Forster/Tuncurry 

30,000 

Projected Population 

25,000 

20,000 

15,000 

28,176 

25,917 

23,658 

19,714 21,596 

17,996 

16,406 

1996 2001 2006 2011 2016 2021 2026 

Year 

Current Population 

Projected Population 

Source: Forster/Tuncurry Conservation and Development Strategy, 2003. 

Smiths Lake 

In 2006, the population of Smiths Lake was 1,035 (ABS: 2006). While the existing 

population profile of Smiths Lake locality suggests a demographic profile dominated 

by a lifestyle population of retired couples, trends indicate that the future population 

will be younger (Key Insights, 2004). 

Smith’s Lake has a large percentage of young families in comparison to the 

neighbouring Forster/Tuncurry. It has an underlying profile closer to the Great Lakes 

in age than NSW; however there are peaks at 5-9, 35-45 and 60-65, which strongly 

suggest two distinct types of resident, retirees and younger families. Development 

associated with the draft LEP will be attractive to both types of resident, provided the 

younger permanent resident is able to find appropriate employment. 

With an overall ageing of the population and the distance from the main town centre, 

the Smiths Lake area would benefit from a population of young families to balance the 

needs of this ageing population; new housing that meets the demands of young 

families will assist this trend. 

Settlement data for Smith’s Lake is summarised below in Table 8. 


Table 8: 

Smiths Lake settlement profile 

Characteristic 

Value 

Population (2006 census) 1,035 

Population change 

186 

1996 to 2006 

Annual population increase 18.6 (2.19%) 

1996 to 2006 

Number of dwellings (2010) 656 

Increase in dwellings 

71 

1996 to 2010 

Vacant lots (2010) 316 

Vacant lots considered to be 

20 

relatively unconstrained 

(2010)* 

Average annual dwelling 

18 

approval rate (2005-2009) 

Facilities 

Small convenience store, 

Real-estate agent, two 

(2) cafés, hairdresser, 

butcher, bakery, bottle 

shop, bowling club, skate 

park. 

Infrastructure 

Reticulated water and 

sewerage provided. 

*"Relatively unconstrained" means those lots which generally have a slope of less than 20% and are considered not to have 

significant vegetation coverage. 


5.4 Land supply and demand 

The future of the Great Lakes will require deliberate change to encourage younger 

residents as a way of balancing the needs of an expanding, largely dependant 

population, to meet those needs. 

As a community composed almost entirely of separate houses Smiths Lake, it is already 

attracting a significant population of young families. It can best serve the economic 

and social needs of its region by accommodating more. Accommodating more 

residents and visitors will generate more work in accommodation, cafes and 

restaurants – a major employer in the township. 

The opportunity exists in Smiths Lake to take advantage of the natural features of the 

region that make the lifestyle choice attractive to people living in densely populated 

cities. 

Whether new arrivals make a contribution to the local economy through consuming or 

providing goods and services, the essential qualities they bring are relative youth, 

broader skills, and a diversification of the economy and the community (Key Insights 

2004). 

There is evidence to suggest that there is a strong demand for housing in localities 

which are located close to well-serviced towns. 

The FTCDS addresses the issue of land supply and demand (Great Lakes Council 2003). 

The FTCDS recommends a staging plan for rezoning to: 

 

 

 

Ensure the efficient use and provision of infrastructure and services; 

Encourage a compact urban area; 

Ensure that there is adequate land available for residential development, while not 

flooding the market with available land at any one time; 

The FTCDS concluded that growth will come about mainly as a result of migration 

from other areas, and be in response to one or more of the following factors: 

Increased demand for service centre from surrounding rural and village areas – 

community services are concentrated in Forster/Tuncurry area, thus the catchment 

area for supermarkets, hospitals and schools includes not only the urban area, but 

also the broader region. Hence urban growth reflects not only the growth of 

Forster and Tuncurry but also that of the surrounding region. 

 

Increased popularity of the area for tourism and recreation – this will result in 

increased employment, primarily of a seasonal nature. The seasonality is becoming 

less pronounced as the area grows and the range of activities for tourists increases. 


Lifestyle, amenity, and costs of living – including the attractiveness of the area, the 

current level of servicing per head of population and the population of the town. 

Increased communications technology and efficiency – increased use of electronic 

communications has, and will continue, to reduce the need in many industries for 

employees to work in centralised facilities, or businesses to locate in capital cities 

or regional centres. As a result, new businesses may be attracted to the area as a 

result of lifestyle considerations, reduced commuting time and costs, or the 

proximity to other business or clients and customers. 

Improved communication via the internet also allows people to work from home thus 

allowing them the opportunity to be more selective in where they live. 

Continued upgrades to the Pacific Highway between Sydney and Brisbane - 

improvements to the Pacific Highway have reduced travelling times between 

Forster and Tuncurry and other centres including Newcastle, Sydney and the 

central coast. This is attracting new residents who wish to maintain links with 

these other areas and also businesses that rely on access to transport corridors. It 

also makes Forster/Tuncurry a much more accessible tourist destination. 

 

 

 

Administrative role of Forster and Tuncurry – Great Lakes Council is located in Forster 

and Tuncurry, as are several State Government agencies such as Centrelink, 

Waterways, NSW Fisheries, Police and court facilities. These agencies provide 

employment and also spend funds in the local area. 

Growing proportion of the aged – the area is now a very popular retirement 

destination as evidenced by the percentage of mature residents (31% aged 

between 60 – 79 years whereas the state figure is only 14%). It has the highest 

proportion of persons over 65 of any local government area in the state. 

Natural attractiveness of the area – natural features such as the waterways, ocean 

and beaches, and vegetation all combine to create an attractive living 

environment. 

The supply of land and housing to meet future demand will come from a combination 

of sources: 

 

 

 

Vacant lots within existing residential subdivisions; 

Subdivision of residentially zoned land; 

Rezoning of land for residential purposes; and 


Redevelopment of existing urban land. 

Smiths Lake supply and demand 

At the time of a survey undertaken by Council in 2010 there were about 316 vacant 

lots in the Smiths Lake village. This is considered to be a conservative estimate. From 

2005 to 2009 Council has approved approximately 71 new dwellings for Smith Lake 

which equates to an annual take up rate of about 18 lots per year. 

On this basis it could be argued that there is a reasonable supply of land to meet the 

future demands of the Smiths Lake village in the short to medium term. However, 

many of these vacant undeveloped lots are highly constrained (Figures 15, 16) in terms 

of slope and vegetation and are therefore less attractive to home builders. 

A desktop survey was undertaken using slope and vegetation to estimate the number 

of relatively unconstrained vacant lots in Smiths Lake. Figures 15 and 16 were used to 

assess slope (being slope greater than 20%) and existing vegetation coverage. 

Based on this survey it was considered that out of the estimated 316 vacant lots in 

Smiths Lake about only 20 were considered to be relatively free from constraints for 

purposes of constructing a dwelling house. 

Given the annual take up rate is about 18 lots per year the supply of relatively 

unconstrained land in Smiths Lake could potentially be exhausted by 2011. 

To ensure that prices are not inflated by land shortages a continual supply of vacant 

lots will be required. This will further ensure more affordable options are available to 

meet the needs of younger families acting to balance the needs of the older 

population. 

The land owners of Lot 12 have indicated that dwellings associated with the proposed 

rezoning will be marketed in mid-range category for house/land packages. 

There is the potential for a number of additional lots to become available in the Smiths 

Lake village in conjunction with the 2009 rezoning of the Macwood Precinct however, 

at this stage it is unknown when this will occur. 

Steady growth has occurred in Smiths Lake over the last 15 years and there is no 

reason why this should not continue. Those parts of Smiths Lake that are less 

environmentally constrained, such as the Tropic Gardens precinct, are highly suited to 

population growth because of the attractive coastal environment and proximity to 

Forster/Tuncurry. Smiths Lake therefore provides an opportunity for an alternate living 

environment close to the well serviced township of Forster/Tuncurry. 


Figure 15: Smiths Lake vacant lots and slope 


Figure 16: Smiths Lake vegetation 


6 

Urban & social infrastructure 

6.1 Water and sewerage 

MidCoast Water is the responsible authority for the provision of potable water to the 

Precinct. The Pacific Palms Water Supply Scheme is part of the overall Manning District 

Water Supply Scheme (MDWSS). MidCoast Water is currently implementing a strategy 

to improve water supply quality and upgrade scheme capacity. MidCoast Water have 

advised that there is satisfactory capacity in the MDWSS to accommodate proposed 

development associated with the rezoning. 

Significant development associated with the rezoning would be likely to require a dual 

feed water supply to ensure security of service and may require augmentation of 

reticulation infrastructure as the site is currently serviced by a single 100mm water 

main. 

The Precinct has largely been identified as a future service area in the current servicing 

strategy for the Forster and Pacific Palms Sewerage Scheme. MidCoast Water has 

undertaken to construct a new Sewerage Treatment Plant at Pacific Palms and there is 

sufficient capacity in the system to accommodate development associated with the 


6.2 Traffic and access 

Access to Smiths Lake is provided by The Lakes Way which is a two way, two-lane subarterial 

road with a rural formation, generally 6m wide. The Lakes Way is the southern 

access to Forster/Tuncurry, linking from the Pacific Highway through Bungwahl and 

Pacific Palms to Forster/Tuncurry. Local access to the Precinct is via Tropic Gardens 

Drive, which is a two lane, two-way urban street with a 5.5m wide sealed rural 

formation with no formal drainage. 

A detailed Traffic Study was prepared to assess traffic impacts on the local and regional 

road and pedestrian networks. 

An estimate of the maximum possible residential units for the Precinct was assessed at 

100. This number was deemed a conservative estimate of lot yield. A conservative 

estimate relates lot numbers to a firm numerical basis, making minimal allowance for 

service corridors and roads, resulting in lot numbers that are unlikely to be exceeded. 


Traffic generation rates contained within the RTA’s “Guide to Traffic Generating 

Developments” for dwelling houses are 9 vehicle trips per day (vpd) and 0.85 vehicle 

trips in peak hour (vph). Based on these figures the following estimations for traffic 

generation associated with the draft LEP are as follows: 

Vehicle trips per day (vpd) 

For the Precinct with a conservative maximum development of 100 units: 

= 9 trips x 100 dwellings 

= 900vpd 

Vehicle trips in peak hour (vph) 

For the Precinct with a conservative maximum development of 100 units: 

= 0.85 trips x 100 dwellings 

= 85vph 

The RTA’s Guide recognises that up to 25% of trips in substantial subdivisions are local 

to the subdivision. Assume a conservative figure of 90% of the traffic generated 

utilises Tropic Gardens Drive/Matthew Road and accesses the Macwood 

Road/Matthew Road intersection then: 

 

For the Precinct with a conservative maximum development of 100 units: 810vpd 

& 77vph 

The Traffic Impact study by Roadnet for the Macwood Road precinct in November 

2005 provides the following calculations for the Macwood Road development: 

 

 

Total daily trips using Macwood Road = 689vpd 

Total peak hour trips using Macwood Road = 65vph 

Taking the into consideration additional traffic generated by the Macwood Road 

precinct (not currently developed) the total possible additional trips using Macwood 

Road, and accessing The Lakes Way, that could be generated by development of both 

precincts is: 1,499vpd and 142vph. 

Evaluation of future intersection performance 

Traffic to and from the Precinct is assumed to be in the same proportion as existing 

trends. Combining the existing traffic generated with the proposed traffic growth 

from the Precinct, the am and pm projections for 2017 are shown below. 


Figure 17: Projected traffic volumes 2017 

(based on a conservative estimate of 100 lots for the Precinct) 

Macwood Road and The Lakes Way, 2017 

Macwood Road and Mathew Road, 2017 

Pedestrian and cyclists 

Rural residential areas are increasingly attracting residents who enjoy both walking 

and cycling. Roads should be adequate for use by all users and roads should be 

progressively upgraded to provide 2m wide shared concrete pathways in line with 

Council's Strategic Bicycle Plan. 

The additional traffic generated by any future development as a result of the draft LEP 

can be accommodated by the existing road network. As a result of the detailed traffic 

assessment, the Traffic Study recommends the improvements below. 


The Lakes Way/Macwood Rd 

 

Given the predominance of traffic to and from the Forster direction, and the 

increasing number of right turn movements from The Lakes Way, the safer 

treatment by way of a fully Channelised Right Turn treatment together with the 

existing deceleration lane for left-turn traffic into Smiths Lake is recommended. 

Macwood/Matthew Road Intersection - type AU intersection treatments including: 

Provision of a 9.0m wide sealed pavement together with kerb and gutter from the 

junction with Matthew Road north for 60m to allow for auxiliary lane for vehicles 

turning left; 

 

 

 

Realignment of the centreline to ensure the minimum 6.0m between the 

centreline and the kerb on the western side of the road; 

Provision of “No Parking” signage on the western kerb line, for a length of 45m to 

allow northbound through-traffic to slip past right-turning vehicles; 

Provisions of kerb and gutter on the northern side of Matthew Road, ensuring that 

the minimum kerb radius is 15m. 

Tropic Gardens Drive: 

Provision of a 7.5m wide sealed pavement east of Box Tree Road; 

 

 

Review of the intersections with Orange Grove, Hibiscus Crescent and Box Tree 

Road to ensure compliance with Austroads guides; 

Provision of 2m-wide concrete cycleway from Box Tree Road to the access to the 

precinct. 

Future road upgrades would make provision in the fullness of time, for bus lay-bys. 

Extension of the 2m-wide concrete cycleway from Box Tree Road to Macwood Road 

and on to The Lakes Way in accordance with the Strategic Bicycle Plan, should also be 

included in future road upgrades. 

The responsibility for road infrastructure improvements can be addressed through a 

Planning Agreement under Section 93F of the Environmental Planning and Assessment 

Act 1979 and at the development application stage. 

6.3 Electricity 

Country Energy has advised that sufficient infrastructure exists to cater for future 

development associated with the rezoning. Lot 12 is already serviced by an 

underground high voltage cable and transformer. 

All connection costs associated with providing adequate capacity to proposed 

allotments will be determined when an application for subdivision has been received. 


6.4 Telecommunications 

While Telstra has advised that they have no objection to the proposed rezoning, they 

have advised that the existing telecommunications network is not currently sufficient 

to meet the demands of future development associated with the rezoning. 

To accommodate development associated with the proposed rezoning, the 

telecommunications network would require upgrading. To achieve this, Telstra may 

require trenches and possible easements for future electronics to houses. 

Telstra also advised that it will require protection of or relocation of any 

telecommunications infrastructure that may be impacted on by activities on the site. 

6.5 Community services 

The age profile for Smiths Lake demonstrates a very high proportion of children 

(especially in the 10-14 years age group), a very low population of adolescents (15-19 

years) and young adults (20-30 years), a high proportion of elderly people especially in 

the 60-64 years age group and a high proportion of young families reflected in the 

higher proportion in the 35-39 years age group (Key Insights 2004). 

The future population is expected to maintain a similar profile and will have a demand 

for community services to correspond with this profile. It is anticipated that 

development of the land will rely on Forster/Tuncurry for most community services 

and facilities. Key Insights Pty Ltd identified the following services: 

Health 

Pacific Palms (5.8 kms to the north) is serviced by: 

2 GP’s 

1 medical practice 

Forster-Tuncurry is serviced by: 

34 GP’s 

16 Medical Practices 

1 Private Hospital 

The nearest Accident Emergency Hospital is Bulahdelah (set up primarily for car 

accident victims) and Manning Base Hospital, Taree. 

A Community Health Centre that provides a variety of health and associated 

services including the Early Childhood Centre for Forster-Tuncurry. 

A variety of alternative and associated health care professionals offering services 

such as massage, naturopathy, herbalists. 

Child Care / Preschools 

Smiths Lake: 


Bizzy Beaver Preschool 

Seashells Childcare Centre 

Pacific Palms: 

Annabel’s Long Day Care Centre 

Forster: 

Giggles Child Care Centre 

Great Lakes Children's Centre 

Great Lakes / Gloucester Family Day Care 

King of the Castle Childcare Centre 

Lilly Pillys Childcare Centre 

Little Beaver Preschool 

Tuncurry: 

Blossoms 

Dolphin Childcare Centre 

Kindilan Childcare Centre Inc. 

Pokey Possum Preschool 

Education 

Primary School: 

Pacific Palms Primary School 

Bungwahl Primary School 

Holy Name primary School – Forster 

Forster Primary School 

Tuncurry Primary School 

High School: 

Great Lakes College which comprises 3 campuses: 

o 2 junior campuses; one in Forster and the other in Tuncurry. 

o 1 senior campus in Tuncurry. 

Adult Education is provided through the following: 

TAFE NSW North Coast Institute with campuses in Tuncurry, Taree and Port 

Macquarie. 

Adult and Community Education – Tuncurry. 

Hunter Community College – Outreach 

University of the Third Age – Forster – Tuncurry. 


Recreation and Cultural Facilities 

Smiths Lake: 

Community Hall 

Bowling Club 

Skate park 

Playing field, netball court and amenities 

Boat ramp 


Recreation Club 

Bowling Club 

Lions Club 

Soccer Club 

Golf Course 

Surf Life Saving Club 

Surf School 

Tennis courts 

Community Library 

Community Hall 

Forster – Tuncurry: 

A variety of cultural, social and sporting facilities are offered in Foster – Tuncurry, 

including: 

The Aquatic Centre – run by Great Lakes Council – a major provider of aquatic and 

associated recreation facilities 

Lions Club 

Senior Citizens 

Bowling, Golf, Cricket, Rugby etc 

Indoor Sports Centre 

RSL and Sports Clubs 

A variety of music and dance clubs 

Arts and Crafts groups. 

Forster Library Services: 

Preschool Story time 

Household Service for people unable to visit 

Community Bus which conducts a library run one afternoon a week. 

Vision Disability service (talking books). 

Meeting rooms / performance spaces: 



Community Centre 1 room (after hours use only) 

Forster Bowling Club – 2 meeting rooms 

Forster Tuncurry Memorial Services Club – 1 large Auditorium, 1 Conference room, 

1 smaller room, Kids Club room 

Tuncurry John Wright Park outdoor performance area. 


Community Centre 

Community: 


The Community Centre provides a variety of community support services including: 

Home and Community Care services 

Counselling 

Disability services 

Services for seniors including Community Options, Great Lakes Centred Based 

Respite Service, Great Lakes Neighbour Aide Inc. 

Social Groups 

Pacific Palms has a Community Centre on Lakes Way. 

Youth: 

Services for young people in the area are comprised of: 

 

 

Homebase Youth Service, Tuncurry, which includes a drop in centre and provides 

programs, information, support and referral for young people. 

Family and Support Youth Services and JPET, Taree (supports young people to 

gain employment, education or training). 

Forster through to Pacific Palms offers a number of Church based youth groups. 

Seniors: 

In Forster the Community Centre provides a range of services to seniors these include: 

 

 

 

 

 

Community Options 

Home Care Service 

Meals on Wheels 

Centre Based Respite Care 

Great Lakes Neighbour Aide 


Senior Citizens Association 

Other Services for seniors include: 

Baptist Community Services 

Senior Day Care. 

The additional population is not expected to have a significant social impact upon 

community services. 

Retail: 

A neighbourhood shopping centre is located at Smiths Lake on Macwood Rd about 1.2 

km from the rezoning site. Currently the centre comprises a convenience store, baker, 

butcher, bottle shop and real estate agent. There is opportunity for expansion of the 

centre in a southerly direction over a vacant part of the land upon which the centre is 

situated. 

Pacific Palms has a small mix of individual shops while Forster/Tuncurry is well serviced 

in terms of retail facilities with a variety of large retail and small specialty shops. 

The main retail areas are Stocklands Shopping Centre and Wharf Street in Forster and 

Manning Street, including the Bilo Arcade in Tuncurry. Other major retail centres are 

also located at Taree and Bulahdelah. 

6.6 Transport 

A socially sustainable community has equitable access to facilities and services, despite 

income, physical abilities or cultural background of the individual community 

member. 

In Forster/Tuncurry the primary means of transport is the private car. This high 

dependence is demonstrated in the high number of motor vehicles per household 

with 33% of households having 2 or more vehicles and only 15% having no vehicles or 

not stating ownership (ABS, 2006). Given the distance of the subject land from 

Forster/Tuncurry it is anticipated that the majority of households will rely on the local 

road network for access to most goods and services. 

Access to the subject lands is via the Lakes Way which is an arterial road linking the 

land to Forster, Tuncurry, and Bulahdelah. Forster/Tuncurry is approximately a 20 

minute drive from the subject land providing a reasonable level of convenience. The 

subject land is not expected to generate significant demands on retail or service 

facilities to warrant any extension of these facilities in the locality. 


The general store in Smiths Lake can provide for daily needs, however, a trip to 

Forster/Tuncurry is required for weekly retail needs and higher order service needs. 

Public transport is limited in the Smiths Lake area. The following bus services are 

available to the area: 

 

 

 

School bus service Monday – Friday 

Shopper bus service to Forster on Thursdays. 

School holidays bus service Monday – Friday. 

The subject land will need to generally rely on private transport for access to most 

goods and services. This is consistent with the current mode of transport of this area 

as reflected in the high motor vehicle ownership; in Smiths Lake 94% of households 

have one or more motor vehicles, compared to 84% in NSW as a whole (ABS, 2006). 

Access to facilities and services can be a significant issue in these relatively isolated 

areas for that part of the population without a private vehicle; typically these people 

are elderly (over 65 years) and the young (under 18 years). While the size of the 

subject land makes consideration of a revised public transport strategy beyond the 

scope of this study, it should be highlighted that incremental increases in an ageing 

population in these areas need to be addressed in such a strategy. Opportunities for 

car pooling, mobile services and facilities and smaller more flexible public transport 

services should be considered. 

Walkways and cycleways should be required to be provided to connect residents to 

the foreshore in a managed manner. 

6.7 Education 

Approximately 33% of the Smiths Lake population attend an education institution 

(ABS, 2006). 

The highest attendance is in the primary and secondary schools with 10.4% and 8.2% 

of the population, respectively. Tertiary education is the lowest with 2.7% of the 

population at TAFE and 1.2% at University. These trends reflect the age structure of 

the population and the education facilities available in the area. 

Primary schools in the vicinity of the subject land include the Pacific Palms Primary 

School and Bungwahl Primary School. It is anticipated that students will attend the 

Pacific Palms Primary School which currently accommodates 240 students and has 

capacity for the increased demand generated from the development of the subject 

land. 


The existing high school at Forster will accommodate students from year 7 to 10, with 

students relocating to the Great Lakes College in Tuncurry for years 11-12. This 

College has capacity for the secondary school needs of the Precinct which is not 

expected to generate a significant secondary school population. 

Tertiary education facilities are limited in the area and the low proportion of the 

population in the 20-29 years age group (ie 7.4% of population) reflects this. Residents 

have access to TAFE courses, but would be required to travel to Newcastle for 

University or other tertiary education. 


7 

Consistency with planning policies 

7.1 Mid North Coast Regional Strategy 

The proposed rezoning would enable residential development in the Precinct. Part of 

the Precinct was identified in Council’s FTCDs as a Category 1 precinct. Category 1 

precincts have been supported and/or endorsed by the Department of Planning. 

Under the Regional Strategy (NSW Government 2009), the FTCDs is a local growth 

management strategy that has been endorsed (for Category 1 areas) by the 

Department of Planning. 

The Regional Strategy indicates that where demonstrated through a local growth 

management strategy or rezoning process that a reasonable adjustment to a growth 

area boundary is desirable and is consistent with the Regional Strategy, then variation 

of the boundary may be considered. Justification of the inconsistency is contained 

within section 3.2 – Regional Strategy and growth area maps. The Department of 

Planning has advised Council that the adjustment, as identified in the LES, to the 

boundary of the Growth Area is minor and that Council can continue with the 

preparation of a draft LEP. 

7.2 State Environmental Planning Policies 

Appendix 3 shows the State Environmental Planning Policies that are relevant to the 

proposed rezoning. The proposed rezoning would be consistent with these Policies. 

7.3 Regional Environmental Plans 

The Hunter Regional Environmental Plan 1989 (the REP) was repealed on 26 June 2009. 

The Hunter Regional Environmental Plan 1989–Heritage regulates, among other things, 

development affecting items of State, regional or local environmental heritage. 

Neither the Precinct nor the Lodge on Lot 11 is listed in the schedules to the Plan. 

7.4 Marine Parks Act 1997 

The act aims to conserve biodiversity by protecting relatively nominated samples of 

the habitats in each marine region. Particular objectives include the conservation of 

marine biological diversity and marine habitats, maintenance of ecological processes 

in marine parks, providing for ecologically sustainable use of fish and marine 

vegetation in marine parks, providing opportunities for public appreciation, 


understanding and enjoyment of marine parks. The requirements made by or under 

this Part are in addition to any requirement in any other Act or statutory instrument. 

The proposed activity is permissible under the Act although a determination under the 

Act is required. Consideration of the potential adverse impacts and relevant 

consultation on the Marine Park should be undertaken. 

7.5 Local planning directions 

Directions issued by the Minister for Planning under s117 of the Environmental 

Planning and Assessment Act generally govern the form and content of Local 

Environmental Plans. Appendix 3 shows how the proposed rezoning would be 

consistent with local planning directions. 

7.6 Hunter Central Rivers Catchment Action Plan 

The Hunter-Central Rivers Catchment Action Plan (Hunter Central Rivers Catchment 

Management Authority 2007) (CAP) is a guide to protecting and improving our 

region’s natural resources up to 2015. 

The CAP has been developed in consultation with local communities and is based on 

the collective expertise and efforts of hundreds of individual landholders, community 

members, and representatives of business, industry, and all levels of government. 

Part 3 of the CAP identifies relevant guiding principles for the catchment. These 

principles are discussed in more detail in Appendix 3. 

7.7 Legislation 

Table 9 shows legislation which could regulate future subdivision or development in 

the Precinct. This list is not exhaustive. 

Table 9: 

Legislation 

Act 

Requirement 

Water Management Act 2000 May require establishment of riparian corridors of up to 40 

metres or approvals to disturb land within 40 metres of 

waterfront land, or to interfere with groundwater. A lesser 

width may be acceptable under certain circumstances. 

Approval for works to existing dam wall/weir for the purpose 

of a new spillway may be required. 

Roads Act 1993 

Approval under the Act may be required to open a public 

road. 


Act 

Threatened Species 

Conservation Act 1995 

Rural Fires Act 1997 

Environmental Protection and 

Biodiversity Conservation Act 

1999 

Requirement 

Development must be assessed under the 7 part test to 

determine whether the concurrence of the Director-General 

of the NSW Department of Environment and Climate Change 

is required. It is expected that any proposed offset should 

enable the conclusion to be reached that there will not be a 

significant ecological impact. 

Land within the Precinct is bushfire prone. Future 

development may require a bush fire safety authority under 

section 100B of the Act. 

Subdivision or development may require referral for 

consideration under this Act. 


8 

Development principles 

Any future development of the Precinct is to be in accordance with this LES. The LES is 

based on the findings and recommendations of studies and assessments undertaken 

as part of the rezoning process. 

The main constraints to development in the Precinct were found to be emergency 

bushfire access, water quality, slope and ecology. 

To ensure that development responds to the constraints and opportunities of the site, 

identified in the LES a DCP will be prepared (see section 8.9 Management of potential 

environmental impacts). The DCP will regulate future development in the Precinct. 

Generally, the following development principles apply. 

8.1 Subdivision layout 

Any application for subdivision should ensure that development is sympathetic to the 

natural and environmental constraints of the Precinct. A subdivision concept plan is 

provided in Appendix 2. Provisions for subdivision and lot layout will be included in a 

DCP. 

8.2 Water quality management 

Future urban development in the Precinct will need to be consistent with 

recommendations contained within Council’s WQIP for the maintenance of water 

quality in Smith’s Lake. 

The WQIP has indicated that the existing ecological condition for Smith’s Lake is 

considered to be high. The ecological condition target for Smiths Lake is to maintain 

this high conservation value, and where possible improve on current conditions to 

offset possible future increases in pollutants or impacts from the use of Smiths Lake. 

To achieve the ecological condition target in the Precinct the water quality target 

would be "Neutral or Beneficial Effect" on water quality as identified in the WQIP. 

To further ensure impacts on water quality are minimised, particularly during the 

construction phase, any future development of the Precinct will need to ensure 

effective sediment and erosion control measures are in place to the satisfaction of 

Council. 


8.3 Water-sensitive urban design 

Any development should be consistent with Council's Draft Water Sensitive Urban 

Design Development Control Plan (Great Lakes Council 2010) (Draft DCP) for the 

provision of Water Sensitive Design (WSD). 

Applications to subdivide must demonstrate that integrated water cycle management 

principles and Water Sensitive Desgin practices are incorporated in the design of the 

development and in the use of water quality controls. 

8.4 Habitat management 

Ecological considerations for Lot 12 

For Lot 12 the area unsuitable for development is about 28 hectares and contains five 

(5) endangered ecological communities and the freshwater lagoon. It also contains the 

north/south fauna corridor that extends from the freshwater lagoon to Lot 11. On this 

basis the area which has been found to be suitable for development is about 7.5 ha. 

Ecological Considerations for Lot 11 

For Lot 11 the area unsuitable for development is about 4 hectares. The main factors 

influencing the rezoning of this area for environmental protection include slope, 

ecology, vegetation, visual and Aboriginal significance. On this basis the area suitable 

for development is about 2 hectares. 

Management recommendations 

Based on detailed ecological investigations undertaken as part of the rezoning process 

the following management recommendations are apply to any future development in 

the Precinct: 

 

 

 

 

The undeveloped portion of Lot 12 (Offset Land) including the identified wildlife 

corridor should be rezoned for environmental protection and managed into 

perpetuity. Management of the Offset Land should be in accordance with a 

Biodiversity Offset Assessment Report which is to be approved by Council. 

Preparation of a Bushland Management Plan in accordance with ecological 

assessments (Cumberland Ecology 2007, 2009) in order to assist in the mitigation 

of potential impacts on flora and fauna. 

No net loss of tree hollows should occur as a consequence of enabling 

development in the Precinct. Nest boxes should be built and installed, at a ratio of 

three nest boxes for each hollow lost, in suitable trees outside of the urban 

footprint. 

To avoid impacts on Glossy Black-Cockatoo, no net loss of Allocasuarina torulosa 

should occur as a consequence of enabling development in the Precinct. If 


To avoid impacts on the Koala, no net loss of koala food trees should occur as a 

consequence of enabling development in the Precinct. 

Retention of other trees within the development envelope where possible. 

Upgrade works to existing causeway between lagoon and lake (in order to provide 

a path) conducted outside breeding season for the Black Bittern. 

Cats, instead of being subject to a curfew, should not be introduced to or kept in 

dwellings in the Precinct. 

To avoid impact on EECs appropriate buffers should be afforded to these areas to 

reduce the impacts of "edge effects" and clearing/vegetation management 

associated with bushfire Asset Protection Zones. 

The ecological recommendations should be included in a Development Control Plan 

for the Precinct. 

Conservation outcomes 

Both DECCW and the HCMA have advised Council that a biodiversity offset over Lot 12 

will be required to enable development in the Precinct. 

The biodiversity offset should satisfy the improve or maintain test for development 

using the Property Vegetation Plan developer tool under the Native Vegetation Act 

2003 or under the Biobanking legislation and should demonstrate how the loss in 

biodiversity values will be offset. 

DECCW have advised that there is a possibility that further mitigation/offset measures 

may be required at the development application stage. 

8.5 Aboriginal heritage 

No sites of cultural or scientific significance were recorded during archaeological 

investigations for the Precinct, and no PADS (Potential Archaeological Deposits) were 

identified. 

Although the point has not been identified as a PAD the study recommends that the 

area identified as "The Knoll" as identified in the Archaeological Study (Appleton, 2007) 

should remain undeveloped and should be set aside as a foreshore reserve. 

8.6 Visual amenity 

Vegetation removal, should be limited and vegetation including tall tress should be 

retained were possible. The presence of retained vegetation in combination with the 


topography of the site, would limit the opportunities to view the Precinct from 

surrounding locations. 

8.7 Bushfire 

Measures for bushfire protection should be in accordance with the recommendations 

contained with the Bushfire Protection Assessment report (Travers Environmental 

2008) namely: 

 

 

 

 

The provision of asset protection zones within the development envelope; 

Building construction standards in accordance with Level 1, 2 or 3 Australian 

Standard AS3959; 

The provision of safe operational access and egress for emergency service 

personnel and residents; and 

Measures for the management of the land having regard to bushfire risk. 

All bushfire hazard assessment should be consistent with the current requirements of 

the NSW Rural Fire Service and its guidelines. 

8.8 Traffic management 

Traffic enhancement measures should be consistent with the recommendations 

contained with the Traffic Impact Study (RoadNet, 2008) including the upgrade of The 

Lakes Way/Macwood Road and Macwood/Markwell intersections. 

Traffic enhancement measures should be provided by the developer. Funding for 

works may be secured by way of a Planning Agreement between Council the 

developer. 

Pedestrians and Cyclists 

Roads should be adequate for use by all users and roads should be progressively 

upgraded to provide 2m wide shared concrete pathways in line with Council's 

Strategic Bicycle Plan. 

It is considered that a 2m wide shared concrete pathway should be provided from Box 

Tree Road to the access to the Precinct. 

Extension of the 2m wide concrete cycleway from Box Tree Road and on to The Lakes 

Way should be considered under Council's Contribution Plan. 

The causeway between the lagoon and the lake should be upgraded for public access 

in accordance with Council’s Draft Feasibility Assessment for a Proposed Pedestrian 

Walkway along the Foreshore of Smiths Lake Village 2009. 


8.9 Management of potential environmental impacts 

Development Control Plan 

An LEP is a useful planning tool in providing a land use framework, but is limited in its 

ability to provide detailed controls for development and conservation. To ensure that 

future development is undertaken in a manner which will protect the environmental 

values of the land, a DCP should be developed for the Precinct. This will provide a 

reasonable degree of flexibility for changing circumstances and a high degree of 

control over detailed ecological considerations. 

The DCP applying to the Precinct should incorporate the development principles 

contained within the LES as discussed. The following is a brief summary of the 

detailed recommendations which should be included in the DCP for the Precinct. 

Ecology 

Management and enhancement of the Offset Land and identified wildlife 

movement corridor into perpetuity in accordance with a Council approved 

Biodiversity Offset Assessment Report. 

 

 

 

 

 

 

Preparation of a Bushland Management Plan assist in the mitigation of potential 

impacts on flora and fauna. 

Retention of at least 70% of trees across the development envelope as 

demonstrated through the preliminary concept plan. 

No net loss of tree hollows, koala food trees or Allocasuarina torulosa to minimise 

impacts on the koala and glossy black cockatoo. 

Retention of Eucalyptus fergusonii (Ferguson's Ironbark) which potentially occur 

within the area proposed for future urban development over Lot 12 (may also 

potentially occur over Lot 11). 

Upgrade works to existing causeway between lagoon and lake (in order to provide 

a path) conducted outside breeding season for the Black Bittern. 

No cats be are to be kept or introduced to land in the Precinct. Dogs may be 

suitably permitted, provided that they are appropriately confined in accordance 

with relevant legislation. 

Bushfire & bushfire emergency access 

 

 

Requirements for the preparation of a Bush Fire Management Plan including 

provisions for evacuation and hazard and management. 

Construction (to a standard in accordance with the provisions of Planning for 

Bushfire Protection 2006) of identified bushfire access/egress routes prior to 

development. 


Requirements for Level 1, 2 and 3 building construction standards as required in 

accordance with AS 3959. 

Building design and lot layout 

Provisions for subdivision and lot layout including requirement for community 

title. 

 

Provisions for building design on steep land including cut and fill; 

Visual amenity 

Provisions for retaining existing vegetation of the western boundary of the 

Precinct, next to Tropic Gardens Drive, and existing vegetation along the eastern 

and western boundaries of Lots 11 and 12. 

Landscaping requirements for eastern and western boundaries of Lots 11 and 12. 

 

Provisions for site coverage and building height. 

Water quality/water sensitive design 

Requirement for "Neutral or Beneficial Effect" on water quality as identified in 

Council's WQIP. 

 

 

Provisions for the design of future development in accordance with Council's Draft 

Development Control Plan for Water Sensitive Design 

Requirement for all water quality treatments to be contained outside of riparian 

corridors. 

8.10 Funding and provision of infrastructure 

Existing infrastructure will need to be upgraded in order to accommodate 

development associated with the rezoning. The main upgrades required will be to the 

existing road networks and for the provision of emergency bushfire egress/access. 

Traffic management upgrades are to be in accordance with the recommendations 

contained the in Traffic Management Study (Roadnet, 2008) while provisions for 

bushfire emergency should be in accordance with recommendations contained within 

the Bushfire Assessment (Travers, 2008). 

It is considered that the provisions of/upgrade to existing infrastructure can be funded 

through a Planning Agreement and conditions of development consent. 

Planning Agreement 

Infrastructure associated with future development in the Precinct can be addressed via 

a Planning Agreement (PA). A Planning Agreement is a voluntary agreement that is 

entered into by a planning authority and a developer. It can require a developer to 


dedicate land free of cost, pay a monetary contribution or provide any other material 

of public benefit to be used for public infrastructure or another public purpose. 

Specifically a PA for the Precinct could cover construction costs for the following: 

 

 

 

 

 

 

Upgrades to The Lakes Way/Macwood Road intersection; 

Improvements to Macwood and Mathew Roads Intersections; 

Widening of Tropic Gardens Drive; 

Construction of emergency bushfire escape route; 

Improvement of foreshore access; 

Protection and management of the ecological Offset Land (which may facilitate 

the eventual transfer of the Offset Land to Council). 


References 

Archaeological Surveys and Reports 2007. Archaeological Investigation for Sites of Indigenous 

Cultural Significance Lots 11 & 12 DP 593531, Tropic Gardens Drive, Smiths Lake, 

Central Coast NSW. Report dated October 2007 prepared by John Appleton. 

Coffey Geotechnics 2007. Tropic Gardens Development Tropic Gardens Drive Smiths Lake 

Geotechnical Investigation. Report prepared for Lidbury Summers Whiteman dated 

October 2007. 

Conacher Travers 2005. Bushfire Protection Assessment for the Proposed Residential 

Subdivision of Lot 12 DP 593531 Tropic Gardens Drive, Smiths Lake. Report dated 

April 2005. 

Conacher Travers 2006. Tree Assessment Report for the Proposed Residential Subdivision of 

Lot 12 DP 593531 Tropic Gardens Drive, Smiths Lake. Report dated June 2006. 

Cumberland Ecology 2007. Tropic Gardens Drive, Smiths Lake Flora and Fauna Assessment. 

Report prepared for Lidbury Summers and Whiteman dated November 2007. 

Cumberland Ecology 2009. Tropic Gardens Drive, Smiths Lake Additional Ecological 

Information. Report prepared for Overpa Pty Ltd dated January 2009. 

ERM Australia Pty Ltd 2000. Flora and fauna study. Report dated December 2000. 

forecast id, 2010. Great Lakes Population Projections. 

Great Lakes Council 1996. Great Lakes Local Environmental Plan 1996. 

Great Lakes Council 2003. Forster/Tuncurry Conservation & Development Strategy. Report 

dated September 2003 in two volumes. 

Great Lakes Council 2007. Great Lakes Heritage Study 

Great Lakes Council 2008. Impacts of Sea Level Rise on Developments. Item 16 in the report to 

the 21 October 2008 ordinary meeting of Great Lakes Council. 

Great Lakes Council 2009. Great Lakes Water Quality Improvement Plan: Wallis, Smiths and 

Myall Lakes. Forster, NSW. 

Great Lakes Council 2010. Draft Water Sensitive Urban Design Development Control Plan. 

Hunter Central Rivers Catchment Management Authority 2007. Hunter Central Rivers 

Catchment Action Plan. 

Key Insights, Pty Ltd, 2004 – Social Impact Assessment for Residential Community, Smiths 

Lake, Forster 

Lidbury, Summers and Whiteman, Pty Ltd, 2010. Stormwater Concept Strategy for proposed 

subdivision of Lot 12 DP 593531, Tropic Gardens Drive, Smith's Lake. 

NSW Government 2009. Mid North Coast Regional Strategy. Final document released by the 

NSW Department of Planning in March 2009. 

RoadNet 2008. Traffic Impact Study Tropic Gardens Drive Precinct, Smiths Lake. Report 

prepared for Great Lakes Council dated January 2008. 

Settlement Planning Guidelines, Department of Planning 


Travers environmental 2008. Bushfire Protection Assessment Residential Subdivision Lot 12 

DP 593531 Tropic Gardens Drive Smiths Lake. Report dated December 2008. 

Webb McKeown & Associates 2001. Smiths Lake Estuary Management Study and 

Management Plan. Report to Great Lakes Council dated May 2001. 

WBM Oceanics. Smiths Lake Planning Study 2000 


Glossary 

Act Environmental Planning and Assessment Act 1979 

AHD 

Australian Height Datum 

APZ 

Asset protection zone 

ARI 

Annual Recurrence Interval 

AS 

Australian Standard 

CMA 

Hunter Central Rivers Catchment Management Authority 

Council 

Great Lakes Council 

DA 

Development Application 

DCP 

Development control plan 

DLEP 72 Draft Local Environmental Plan Amendment No 72 to Great Lakes Local 

Environmental Plan 1996. 

DP 

Deposited Plan 

DWE 

NSW Department of Water and Energy 

FTCDS 

Forster Tuncurry Conservation and Development Strategy prepared by 

Great Lakes Council and adopted on 25 July 2003. 

GAMs 

Mid North Coast Regional Strategy Growth Area Maps 

LEP 

Local Environmental Plan 

LEP 2006 Great Lakes Local Environmental Plan 1996 

LEP 2008 Great Lakes Local Environmental Plan 2008, now being prepared following 

the Department of Planning’s Standard LEP Template. 

Directions Local planning directions issued by the Minister for Planning on 19 July 

2007 under s. 117(2) of the Act, as amended. 

Precinct 

Lots 11 and 12 in DP 593531, Tropic Gardens Drive, Smiths Lake. 

Proposed 

rezoning 

Regional Strategy 

The rezoning of land at Tropic Gardens Drive, Smiths Lake as identified in 

this report. 

Mid North Coast Regional Strategy prepared by the Department of 

Planning. 

RFA Rural Fires Act 1997 

RTA 

Roads and Traffic Authority 


Appendices 

Appendix 1 

Section 62 responses 

Appendix 2 

Preliminary concept plan 

Appendix 3 

Consistency with planning policies and strategies 


Appendix 1 

Section 62 responses 

Agency Response Comment 

DECCW 

Impacts on native vegetation 

Be satisfied that the LEP is not likely to result in impacts on native vegetation, regionally significant 

or threatened flora/fauna, populations or EECs. Where impacts are proposed, demonstrate how loss 

of biodiversity value will be offset to satisfy improve or maintain principle. 

A Biodiversity Offset Assessment Report (BOAR) should be prepared demonstrating the improve or 

maintain principle for biodiversity values. 

Impacts on native vegetation Be satisfied that the LEP considers threatened species provisions of EP&AA, SEPP 44, SEPP 71 

and the NVA 2003. 

Climate change 

Land use 

Aboriginal heritage 

DECC estate 

Consider human-induced climate change including predicted sea level rises. 

Potential land use conflicts associated with air, noise and odour impacts to be adequately 

addressed, particularly in relation to premises scheduled under the Protection of the Environment 

Operations Act 1997. 

Undertake appropriate consultation with the local Aboriginal community to determine heritage and 

cultural significance of the area. Be satisfied that the LEP is not likely to result in impacts on areas of 

cultural significance to the Aboriginal community. An Aboriginal cultural heritage assessment should 

be prepared. 

Be satisfied that the LEP considers direct and indirect impacts on DECC estate and recognised 

areas of high conservation value. 


Agency Response Comment 

Water quality 

EPBC Act 

Manage stormwater discharging from the site in a sustainable manner to prevent impacts on 

adjacent rivers, wetlands or estuaries. 

Development may require approval. 

DWE 

Legislation 

Groundwater 

Riparian buffers 

Stormwater 

Water supply 

Consider the objectives and regulatory requirements of RFIA, WA, WMA and gazetted water sharing 

plans. 

Identify key groundwater issues, including potential degradation issues. Investigate potential sources 

of contamination to aquifer and recharge areas. Investigate impacts on groundwater dependent 

ecosystems. Provide details on protective measures. 

Riparian vegetation in good condition is located within a high conservation value corridor linking 

Wallingat and Booti Booti. Recommends a 40 m core riparian zone each side of a watercourse and 

an additional 10 m buffer. APZs must be outside of the core zone and buffer. 

Stormwater to be managed in a sustainable manner to prevent degradation of downstream 

environments. Locate structural works outside of the 40m riparian buffer to the freshwater lagoon. 

Assess impacts on existing watercourses and changes to drainage paths. Must maintain 

environmental flows and inundation patterns in watercourses. Development should not result in an 

increase in stormwater pollutants entering Smiths Lake. Post-development flows should match predevelopment 

flows. Implement water sensitive urban design principles 

Over-allocated surface and groundwater systems are embargoed and no new licences will be 

issues. No gazetted water sharing plan covers the site. 


Farm dams 

Determine the legal status and intended use of any existing farm dams. 

DPI 

General 

Does not correspond with any significant mineral, forestry or agricultural resources. Future 

development would not affect primary industry development options. 

Stormwater 

Ensure that stormwater management and erosion and sedimentation controls are effective to protect 

catchment values and aquatic habitat. 

Oyster aquaculture Consider [Local Planning Direction] 1.4. 

Heritage Office 

General 

General 

Assess heritage significance of the site, including built, archaeological and Aboriginal significance. 

Views and landscapes could contribute to the site's heritage significance. 

Refer the Draft LEP for comment during public exhibition. 

MidCoast Water 

Integrated water cycle 

management 

Water supply 

Water supply 

Water supply 

Water supply 

Consider preparing an IWCM study, including use of recycled water, rainwater or stormwater 

harvesting, and demand management. 

Satisfactory capacity in the Pacific Palms Water Supply Scheme to accommodate development. 

Prepare a local water servicing strategy. Strategy must include any local augmentations required to 

service the development in accordance with MidCoast Waters specifications for water and 

sewerage. 

Fire fighting requirements and constraints should also be considered with regard to the local water 

servicing strategy. 

Construct all water supply infrastructure to MidCoast Water's codes at the developer's expense. 


Sewerage 

Sewerage 

Sewerage 

Future service area in the servicing strategy for the Forster and Pacific Palms Sewerage Scheme. 

There is sufficient capacity to accommodate development. Development will specifically be required 

to be serviced via gravity reticulation to existing pumping station at the northern end of the Precinct. 

Prepare a local sewerage servicing strategy. Strategy must include any local augmentations 

required to service the development in accordance with MidCoast Waters specifications for water 

and sewerage. Identify local augmentation needed to service the development. All lots must b+C17e 

serviced by gravity reticulation to the existing pump station in Lot 12. MCW will not support other 

servicing options. 

Construct all sewerage supply infrastructure to MidCoast Water's codes at the developer's expense. 

Land & Property Management Authority (LPMA) 

Crown land 

Assessment 

Consultation 

Stormwater 

Hunter New England NSW Health 

Stormwater 

Mosquito risk 

General 

Along foreshore of Lots 11 and 12 (Reserve R85411), and to the west of Lot 12 (Crown road and Lot 

251 DP 753168 R91222 for future public recreation requirements). 

Consider impacts on the natural environment, the local community, community acceptance and 

socio-economics. Future development should be consistent with the Smiths Lake Estuary 

Management Plan 2001 and the Smiths Lake Planning Study. 

Consult with the Department during the planning process. 

Stormwater, runoff and sedimentation should be considered in the environmental study. 

Address stormwater management, including potential contamination of Smiths Lake. 

Great Lakes has known mosquito breeding sites. BF and RR viruses are a significant issue for 

residential populations. Recommend that a mosquito risk assessment by a qualified entomologist be 

obtained. 

Refer the Draft LEP for comment during public exhibition. 


NSW Rural Fire Service 

Bush fire prone 

Some areas in the precinct are identified as bush fire prone on the Great Lakes Bush Fire Prone 

Land Map. 

100B Future residential or special fire protection purpose developments will require an approval under s. 

100B of the RFA. 

Guidelines Follow the requirements in Planning for Bushfire Protection 2006. 

RTA 

Issue to address 



Policy 

Objection 

Prepare a traffic study in accordance with the RTA's Guide to Traffic-Generating Developments. 

Include traffic growth projections for the probable development period. Include development in the 

surrounding area which will affect the road network. Identify road infrastructure upgrades that may 

be required and the stage in the development when they are required. 

Council should identify how road infrastructure upgrades will be funded. 

Consider SEPP 11 [SEPP (Infrastructure) 2007] and SEPP 66 (Integration of Landuse Transport. 

Consider the intention of the Department of Planning's Integrating Land Use and Transport Planning 

Policy in relation to the provision of public transport, and opportunities for pedestrians and cyclists. 

Supports the exhibition of the DLEP but holds an objection under Section 62 until the traffic study is 

completed and any required road infrastructure upgrades are identified. 

Marine Parks Authority 

Visual impact 

Smiths Lake side of the ridge [on Lot 11] should be protected from all forms of urban development. 

Although the advice did not elaborate, Council presumes it relates to potential adverse changes to 

the views from Smiths Lake, which could affect visitors in the Port Stephens Great Lakes Marine 

Park. 

If thoroughfare needs to be maintained a culvert will need to be constructed to enable the freshwater 

lagoon to be connected to Smiths Lake and the Marine Park. 


Hunter Central Rivers Catchment Management Authority (HCMA) 

HCMA did not provide written advice, however, advised Council future development must satisfy the 

“improve or maintain” test and would need to be assessed using the Property Vegetation Plan (PVP) 

developer tool under the Native Vegetation Act 2003. Setbacks from individual and groups of trees 

need to be considered when locating buildings. 

Telstra 

Services 

Existing Infrastructure 

Miscellaneous 

The Telecommunication network in the area would require upgrading to accommodate development 

associated with the proposed rezoning. In order to achieve this trenches and possible easements 

for future electronics to houses may be required. 

Telstra will require the protection of or relocation of its telecommunications infrastructure that may be 

impacted by development in the Precinct. 

Further discussions are encouraged once detailed planning for future development is in progress. 

To inform Telstra of likely commencement of any development it is requested to register the 

development at www.telstrasmartcommunity.com 


Appendix 2 





Appendix 3 

Consistency with NSW policies and strategies 

Local planning (117) Directions 

No Title Relevant Comment 

1. Employment and Resources 

1.1 Business and Industrial Zones No 

1.2 Rural Zones Yes Council's Forster/Tuncurry Conservation & Development Strategy (FTCDs) has identified as 

section of the Precinct as being potentially suitable for future urban development. The 

FTCDs, which was endorsed by the Department of Planning in 2003, contains provisions for 

urban expansion in conjunction with environmental protection. 

The section of land identified in the FTCDs has also been identified within the Mid North 

Coast Regional Strategy's growth area maps as having potential for future urban 

development. Council considers that the proposed expanded developed footprint is justified 

through the studies undertaken as part of the LEP process and is of minor significance. 

A large portion of the Precinct (33 ha) which is proposed to be set aside for environmental 

protection under the draft LEP is heavily vegetated and would be unsuitable for agricultural 

purposes. It is considered that the development of the remainder of the Precinct for urban 

purposes (about 9 ha) would not have a significant impact on the supply of agricultural land 

within the locality. 

The Director General has confirmed that inconsistency with this Direction is considered to 

be minor. 



1.4 Oyster Aquaculture No Direction No. 1.4 - Oyster Aquaculture applies when a draft LEP proposes a change in land 

use which could result in adverse impacts on a Priority Oyster Aquaculture Area or a current 

lease in a national park. In the Great Lakes "Priority Oyster Aquaculture Areas" apply to 

Wallis Lake generally from Gereeba Island in the north to Wallis Island in the south. 

The Department of Primary Industries have advised that Council should consider potential 

impacts of the draft LEP on Priority Oyster Aquaculture Areas or current leases however, 

the Precinct is located in Smith Lake which does not contain Priority Oyster Aquaculture 

Areas or current leases. 

While Council considers that the draft LEP will not impact upon Oyster Aquaculture within 

the locality it is of the opinion that this direction is not applicable in this instance. 

1.5 Rural Lands Yes The draft LEP is consistent with the Rural Planning Principles as it proposes to draw upon 

established infrastructure within Smiths Lake village, protect areas of high ecological value 

through rezoning for environmental protection and not impact on existing or potential 

agricultural activities. 

In regards to the Rural Subdivision Principles, the draft LEP proposes to reduce the 

minimum lot size over a small portion (about 9 ha) of the subject land to permit urban 

development. It is considered that this change is of a minor nature and will not result in the 

fragmentation of rural land or land use conflict. The Director General has confirmed that 

inconsistency with this Direction is considered to be minor. 

2. Environment and Heritage 

2.1 Environmental Protection Zones Yes The draft LEP is consistent with this Direction as it proposes to rezone those parts of the 

land which are of high ecological value (including known Endangered Ecological 

Communities) for environmental protection. 



2.2 Coastal Protection Yes For consistency with the NSW Coastal Policy see Appendix 3, NSW Coastal Policy Table. 

The Coastal Design Guidelines (The Guidelines) have been designed to promote 

opportunities to protect and enhance the unique cultural and natural diversity of the NSW 

coast and to allow communities to consider future growth and associated urban design in a 

systematic and strategic context. 

The draft LEP is consistent with The Guidelines namely for: 

• Protecting the significant flora and fauna habitat areas by zoning these areas for 

environmental protection purposes; 

• Imposing design controls in a site specific DCP to protect environmentally sensitive 

lands, including visually significant areas, provide connection with the foreshore reserve 

and set building design controls relating to slope. 

The zoning of the land for urban and environmental protection purposes follows the 

desirable practice of avoiding continuous settlements and protecting existing native 

vegetation and ecological resources. 

The NSW Coastline Management Manual 

The draft LEP is consistent with The NSW Coastline Management Manual for the 

management of coastal hazards. 

2.3 Heritage Conservation No No known items of Aboriginal or European heritage significance located within the Precinct. 

Areas of natural and aesthetic value including endangered ecological communities will be 

protected through rezoning for environmental protection. 


2.4 Recreation Vehicle Areas No Draft LEP does not propose to develop any land for the purpose of a recreation vehicle 

area. 

3. Housing, Infrastructure and Urban Development 

3.1 Residential Zones Yes The existing Smiths Lake 2 Village Zone provides for a variety of housing types within the 

locality. The draft LEP facilitates the use of existing infrastructure and services including 

established road networks and reticulated water and sewage. The draft LEP has been 

prepared in accordance with Council's FTCDs which sets limits to urban growth based on 

investigations into existing supply and demand within the locality. 

The draft LEP will not reduce the permissible density of land in question. A Development 

Control Plan (DCP) will include provisions for environmental protection and guidelines for 

suitable urban development. 

3.2 Caravan Parks and Manufactured Home 

Estates 

Yes 

Under Great Lake Local Environmental Plan 1996 (GLLEP) Caravan parks and 

Manufactured Home Estates (MHEs) are permissible within the 2 Village Zone. 

Notwithstanding, the Precinct would not be suitable for this type of development given its 

inherent natural attributes including topology, risks associated with bushfire and ecological 

sensitivity. 

3.3 Home Occupations Yes No change to existing provisions for home occupations in Great Lakes Local Environmental 

Plan 1996. 

3.4 Integrating Land Use and Transport Yes A Traffic Study undertaken as part of the LES has identified travel requirements to service 

future development within the locality. The study has recommended road and intersection 

upgrades, additional clearly marked bus lay-bys and cycleways. These will be delivered by 

way of a DCP and Planning Agreement. 

The draft LEP is consistent with Council's FTCDs in which consideration has been given to 

the constraints and opportunities associated with development including the compatibility of 

future urban development within existing transport networks. 


3.5 Development Near Licensed Aerodromes No 

4. Hazard and Risk 

4.1 Acid Sulfate Soils Yes According to Council's Acid Sulfate Soil Planning Maps the Precinct (excluding the Lagoon 

and a small section of Lot 11) is within in the lowest risk category (Class 5) for Acid Sulfate 

Soils (ASS). Geotechnical investigations undertaken as part of the LES confirm that the 

proposal is not expected to disturb ASS. 

As part of the preparation of Council's Standard LEP a model ASS clause will be prepared 

to ensure that development does not disturb, expose or drain ASS or cause environmental 

damage. 

4.2 Mine Subsidence and Unstable Land No 

4.3 Flood Prone Land No 

4.4 Planning for Bushfire Protection Yes Rural Fire Service (RFS) advised they support the draft LEP but that future development 

may be subject to: section 110B of the Rural Fires Act 1997, section 79B of the EPA & Act 

1979 and Planning for Bushfire Protection 2006 (PBP). 

The draft LEP satisfies the requirements of PBP specifically in regards to asset protection 

zones without compromising ecological values. Other measures including the provision of 

safe evacuation routes, fuel management and building construction can be accommodated 

in the draft LEP. 

5. Regional Planning 

5.1 Implementation of Regional Strategies Yes Minor boundary inconsistencies are discussed in Section 3.1. The Director General has 

confirmed that the inconsistency with this Direction is considered to be minor. 

5.2 Sydney Drinking Water Catchments No 

5.3 Farmland of State and Regional 

No 

Significance on the NSW Far North Coast 

5.5 Development in the vicinity of Ellalong, 

No 

Paxton and Millfield (Cessnock LGA) 

5.6 Sydney to Canberra Corridor No 


5.7 Central Coast No 

5.8 Second Sydney Airport: Badgerys Creek No 

6. Local Plan Making 

6.1 Approval and Referral Requirements Yes The draft LEP does not contain concurrence provisions or identify development as 

designated development. 

6.2 Reserving Land for Public Purposes Yes The draft LEP does not create, alter or reduce existing zonings or reservations of land for 

public purposes. 

6.3 Site Specific Provisions Yes The draft LEP does not create site-specific provisions that would allow a particular 

development proposal to be carried out. 

Relevant NSW policies 

Policy or Strategy Relevant Comment 

State Environmental Planning Policies 

(SEPPs) 

44 

Koala Habitat Protection 

71 

Coastal Protection 

Infrastructure 

(Traffic Generating Development) 

Yes 

Yes 

N/A 

Parts of the Precinct could constitute potential koala habitat but would not constitute core 

koala habitat. 

The Policy identifies a range of matters that a council must consider when preparing a draft 

LEP. See Table below: State Environmental Planning Policy No 71 – Coastal Protection. 

Provisions within the Infrastructure SEPP for Traffic Generating Developments are only 

applicable at the DA stage. 


NSW Coastal Policy 1997 

Strategic Action Provision Consistent 

Protect, rehabilitate and improve the natural environment. 

1.1.2 Does the site have areas with land and/or marine and estuarine 

conservation values? If so, are these to be dedicated? 

1.1.3 

If the land is Crown land (submerged or otherwise), has it been 

assessed for dedication/reservation under appropriate Acts (eg MPA, 

NPWS, NSWF)? 

If foreshore Crown land, will public access be maintained and/or 

appropriately zoned? 

1.1.5 If open space land, is it to be classified ‘community land’ under the 

Local Government Act? 

1.1.9 Does the land have recognised conservation values? If so what 

zones and/or provisions are proposed? 

1.1.10 Is the land adjacent to a Marine Park? If so, what provisions are 

included which will give effect to the Marine Park zoning and 

operational plans? 

1.1.11 Does the plan enable the natural habitats of the site to form part of a 

regional open space corridor (including water areas)? If so, how? 

1.2.1 Does the proposal effect the distribution, diversity/condition of native 

plans and animal habitats? 

Yes – these areas will be zoned 7(a1) - Environmental Protection 

under Great Lakes Local Environmental Plan 1996. This land may 

eventually be dedicated to DECCW. 

N/A 

The land to be rezoned is not Crown land but will facilitate access to 

foreshore Crown land. 

N/A 

Yes. An area of about 33 ha is proposed to be rezoned for 

environmental protection. The owners of Lot 12 will enter into a 

Voluntary Conservation Agreement (VCA) with DECCW for about 

28ha. 

Rezoning for 7(a1) Environmental Protection. Water quality 

management measures. 

Yes. Fresh water Lagoon and 33ha of significant fauna habitat 

rezoned for environmental protection. 

No. Site proposed for urban development degraded habitat. 

Natural process and climate change. 

2.1.1 Does a coastline, estuary or floodplain PoM apply to the land? If so, 

does the LEP incorporate provisions to give effect to these plans? 

Yes. 



2.2.2 Does the plan include provisions for sea level change as provided by No. It is considered that sea level rise will not affect the proposal. 

the Inter-governmental Panel on Climate Change? 

Protect and enhance the aesthetic qualities of the coastal zone 

3.1.2 Does the plan include provisions to protect areas or items of high 

aesthetic value? If so, in what way? 

3.2.4 

How does the plan address design and locational principles eg: 

only essential public developments (e.g. surf lifesaving club) on 

beach frontal dunes; 

Overshadowing of beaches and waterfront open space; 

Preservation of undeveloped headlands; 

New development on developed headlands (require environmental 

assessment including visual impact from adjoining beaches); 

No buildings greater than 14m (unless justified following 

environmental planning considerations); 

Do building height controls apply to the land? In what form (e.g. LEP, 

endorsed DCP)? 

Is DUAP concurrence required or does council have assumed 

concurrence? If so, up to what height? 

Does the plan establish a setback line from coastal lakes, estuaries, 

beaches, foreshores and cliffs? Provide details. 

Is public access to foreshore to be maintained or provided. If so, how 

does the plan achieve this? 

Have provisions been made for dedication or an agreement entered 

into, to ensure use and maintenance of the public access area? 

Tourist or recreational developments adjacent to or within a National 

Park, Nature Reserve or State Recreation Area. 

Yes – environmental protection zone to be applied significant fauna 

habitat including ECCs. 

N/A 

NA 

No development for headland or “Knoll” for Lot 11. Knoll to be 

rezoned from 1(c) Future Urban Investigation to 7(a1) Environmental 

Protection. 

NA 

NA 

Yes – Council’s current DCPs. 

NA 

NA 

Council is working with landholders to facilitate public access to 

foreshore for Lot 11 and 12. 

NA 

NA 



3.3.1 Has a regional and/or local housing strategy been developed to 

encourage compact towns? If so, does the plan comply? 

Yes. 

Protect and conserve cultural heritage 

4.1.2 How does the plan conserve or protect known regional/local items or 

areas of coastal heritage? 

4.1.4 Does the plan protect any significant views or vistas within or from 

towns? 

N/A 

See section 4.9 Visual amenity. 

Promote ecologically sustainable development and use of resources 

5.1.2 Does a regional industry, economic development and/or tourism 

strategy apply to the area? If so, does the plan comply? 

No. 

5.1.3 

Is the land identified as Class 1, II or III (Prime Crop and Pasture 

Land) in NSW Agriculture’s Land Classification Scheme? 

If so, how does the plan protect this resource? 

No. 

N/A 

5.1.7 Does the plan affect or facilitate the identification or development of 

areas for aquaculture? 

N/A 

5.1.8 

5.2.3 

Does the plan identify or facilitate mineral exploration, mining or 

extraction? 

How does the plan ensure ecologically sustainable development of 

the resource and protect environmentally significant sites? 

Are there plans of management that apply to the site? 

N/A 

An environmental protection zone should be applied to the parts of 

the land that are of ecological importance. 

N/A 

How does the plan integrate these to ensure responsible and 

ecologically sustainable development and use of resources? 

N/A 



5.2.11 Does a regional and/or local tourism plan apply to the area? N/A 

Provide ecologically sustainable human settlement 

6.1.1 Is the plan consistent with a regional settlement strategy prepared by 

DoP and consistent with the Coastal Policy? 

6.1.2 Is the plan consistent with an urban land release/settlement strategy 

endorsed by DUAP and consistent with the Coastal Policy? 

6.1.4 Does the plan create canal estate developments as these type of 

developments are prohibited? 

Yes. Part of the Precinct is identified in the Mid North Coast Regional 

Strategy as land with the potential for future urban development. 

Draft LEP is also consistent with Coastal Policy. 

Yes. Part of the Precinct is identified Council’s FTCDs as land with 

the potential for future urban development. Draft LEP is also 

consistent with Coastal Policy. 

No. 

6.2.1 

If the plan creates urban areas are they "compact" and "contained" 

rather than "ribbon", "unrelated cluster" or "continuous"? 

Does the plan define urban boundaries and indicate the amount and 

form of development? 

Can servicing and infrastructure be economically and 

environmentally provided? 

Yes. 

Yes. Logical urban expansion on the periphery of an existing town. 

Yes. 

6.3.1 Is the plan consistent with a rural residential release strategy, N/A 

endorsed by DUAP and consistent with the Coastal Policy, which 

preserves scenic, conservation, agricultural, significant mineral or 

extractive resources? 

6.4.1 Does the plan provide greater choice in housing? Yes. 2 Village Zone is proposed. 

6.4.2 

Is the area close to an existing town centre? 

Yes. 

Does the plan provide for higher density residential development? 

Yes. For those parts proposed for 2 (Village) Zone – Density would 

be higher than existing 1(c) Future Urban Investigation Zone. 



Does the plan require additional infrastructure? What type? 

No. 

Provide for appropriate public access and use 

7.2.4 If the plan provides for tourism development, what provisions have 

been included in the plan to ensure public access to the foreshore? 

N/A 

State Environmental Planning Policy No 71 – Coastal Protection 

Requirement under SEPP 71 

(a) the aims of the Policy being: 

(a) to protect and manage the natural, cultural, recreational and 

economic attributes of the New South Wales coast, and 

(b) to protect and improve existing public access to and along 

coastal foreshores to the extent that this is compatible with the 

natural attributes of the coastal foreshore, and 

(c) to ensure that new opportunities for public 

access to and along coastal foreshores are 

identified and realised to the extent that this is 

compatible with the natural attributes of the coastal foreshore, and 

(d) to protect and preserve Aboriginal cultural 

heritage, and Aboriginal places, values, customs, beliefs and 

traditional knowledge, and 

(e) to ensure that the visual amenity of the coast is protected, and 

(f) to protect and preserve beach environments and beach amenity, 

Consistent 

Public access to the foreshore currently does not existing over Lots 11 and 12. 

Council is working with landholders to facilitate public access to the foreshore for Lot 11 and 

12. A footbridge and foreshore path is proposed as part of a Planning Agreement being 

negotiated with the draft LEP. 

A cultural heritage assessment has been confirmed that the proposal will not impact on 

Aboriginal cultural heritage. 

Limiting vegetation removal, and the presence of retained vegetation and topography, would 

limit the opportunities to view the Precinct from surrounding locations. 

N/A 


and 


(g) to protect and preserve native coastal 

vegetation, and 

(h) to protect and preserve the marine environment of New South 

Wales, and 

(i) to protect and preserve rock platforms, and 

(j) to manage the coastal zone in accordance with the principles of 

ecologically sustainable 

development (within the meaning of section 6 (2) of 

the Protection of the Environment Administration 

Act 1991, and 

(k) to ensure that the type, bulk, scale and size of development is 

appropriate for the location and protects and improves the natural 

scenic quality of the surrounding area, and 

(l) to encourage a strategic approach to coastal management. 

Matters for consideration 

(b) existing public access to and along the coastal 

foreshore for pedestrians or persons with a disability should be 

retained and, where possible, public access to and along the 

coastal foreshore for pedestrians or persons with a disability should 

be improved. 

(c) opportunities to provide new public access to and along the 

coastal foreshore for pedestrians or persons with a disability. 

(d) the suitability of development given its type, location and design 

and its relationship with the surrounding area. 

(e) any detrimental impact that development may have on the 

amenity of the coastal foreshore, including any significant 

overshadowing of the coastal foreshore and any significant loss of 

views from a public place to the coastal foreshore. 

(f) the scenic qualities of the New South Wales coast, and means 

Consistent 

Significant vegetation to be rezoned for environmental protection. 

Runoff from the proposal would be less than or equal to the undeveloped flow from the site. 

N/A 

The proposal is considered to be consistent with the principles of ESD. 

Building design will be in accordance with a DCP for the Precinct. 

N/A 

Council is working with landholders to facilitate public access to the foreshore for Lot 11 and 

12. A footbridge and foreshore path is proposed as part of the draft LEP. 

Building design will be in accordance with a DCP for the Precinct. 

N/A 

Limiting vegetation removal, and the presence of retained vegetation and topography, would 



to protect and improve these qualities. 

(g) measures to conserve animals (within the meaning of the 

Threatened Species Conservation Act 1995) and plants (within the 

meaning of that Act), and their habitats. 

(h) measures to conserve fish (within the meaning of Part 7A of the 

Fisheries Management Act 1994) and marine vegetation (within the 

meaning of that Part), and their habitats. 

(i) existing wildlife corridors and the impact of development on 

these corridors. 

(j) the likely impact of coastal processes and coastal hazards on 

development and any likely impacts of development on coastal 

processes and coastal hazards. 

(k) measures to reduce the potential for conflict between landbased 

and water-based coastal activities. 

(l) measures to protect the cultural places, values, 

customs, beliefs and traditional knowledge of Aboriginals. 

(m) likely impacts of development on the water quality of coastal 

waterbodies. 

(n) the conservation and preservation of items of heritage, 

archaeological or historic significance, 

(o) only in cases in which a council prepares a draft local 

environmental plan that applies to land to which this Policy applies, 

the means to encourage compact towns and cities, 

(p) only in cases in which a development application in relation to 

proposed development is determined: 

I. the cumulative impacts of the proposed 

development on the environment, and 

II. measures to ensure that water and energy usage by the 

proposed development is efficient. 

Consistent 

protect the scenic values of the Precinct. 

33ha of land including EECs and significant habitat to be rezoned for environmental 

protection 

N/A 

Identified wildlife corridor to be rezoned for environmental protection. 

The land is not subject to impact from coastal processes or coastal hazards nor will future 

development affect these. 

The proposal would not result in potential conflict between land-based and water-based 

coastal activities. 

N/A 

The proposal is not expected to impact on coastal waterbodies. 

N/A 

Proposed urban development will adjoin area of existing village zone. 

N/A 

N/A 

N/A 


Mid North Coast Regional Strategy 

Settlement principles 

7. ENVIRONMENT AND NATURAL RESOURCES - ACTIONS FOR THE PREPARATION OF LEPS. 

LEPs will protect and zone land with high environmental, 

vegetation, habitat, riparian, aquatic, coastal or corridor 

values for environmental protection. 

LEPs will zone regionally significant farmland to protect 

agricultural values. 

LEPs will identify and zone land of landscape value (including 

scenic and cultural landscapes) to protect those values. 

LEPs will protect land identified as having extractive 

resources of regional significance and their haulage routes. 

Subdivision and dwelling standards in LEPs will reflect the 

Rural Lands SEPP, the Regional Strategy and the objectives 

of the relative zones. 

New development adjoining or adjacent to farmland, 

extractive resources, waterways, wetlands and areas with 

high conservation value biodiversity will incorporate buffers to 

avoid land use conflict. 

Biodiversity 

LEPs will include provisions to encourage habitat and corridor 

establishment in future zoning of land with environmental and 

rural values. 

Natural resource management 

LEPs will include provisions on land fronting watercourses to 

limit the creation of additional water rights. 

LEPs will include provisions to protect the water quality in 

Comment 

Areas of land with high environmental value including significant habitat, coastal 

vegetation (EECs), and an identified wildlife corridor to be rezoned for environmental 

protection. The draft LEP will A riparian setback from the lagoon will provide 

N/A. 

The draft LEP will rezone areas of scenic value to environmental protection. A DCP 

will further protect scenic values in the Precinct by limiting tree removal in visual 

prominent locations. 

N/A 

Noted – DoP has endorsed the adjustments to the MNCRS Growth Area Maps and 

inconsistency with the Rural lands SEPP. 

Future development in association with the draft LEP will not adjoin farmland or 

extractive resources. A buffer to the lagoon will provide protection for riparian 

vegetation. 

A wildlife corridor is proposed linking the northern and southern sections of the Precinct. 

The draft LEP will include provisions for improvement of the wildlife corridor and land to be 

rezoned for environmental protection. 

The draft LEP does not create additional water rights over land. 

The LEP will be consistent with Councils WQIP and Draft Water Sensitive Design 


town water supply catchments, other waterways and 

significant groundwater reserves. 

Council's will work with the Northern Rivers and Hunter- 

Central Rivers catchment management authorities to ensure 

that the aims and objectives of catchment action plans are 

considered in the future management and planning in local 

council areas. 

8. NATURAL HAZARDS 

In order to manage risk associated with climate change, 

councils will undertake flood investigations over lands with 

the potential to be affected by sea level rise and inundation to 

ensure that risks to public and private assets are minimised. 

LEPs will make provision for adequate setbacks in areas of 

coastal erosion risk and oceanbased inundation in 

accordance with coastal zone management plans. 

Until the above plans and investigations are complete, 

councils will not zone land or approve new development 

or redevelopment in potential hazard areas, unless assessed 

within a risk assessment framework adopted by the council. 

Zoning of land for future development within the 

catchments of coastal lakes (as defined in Schedule 1 of 

State Environmental Planning Policy No. 71 – Coastal 

Protection) must consider a coastal lake sustainability 

assessment if one has been prepared. 

LEPs will zone areas subject to high hazard to reflect the 

limitations of the land. 

DCP to ensure "Neutral or Beneficial Effect" on the water quality in Smiths Lake. 

The LEP is consistent with the Hunter Central Rivers Catchment Action Plan for 

protecting and improving the region’s natural resources. 

The Precinct is not subject to flooding. Taking into consideration the NSW planning 

benchmark for sea level rise of 0.9m, development based on the preliminary concept 

plan will not be at risk of inundation from sea level rise. In this respect, risk to public 

and private assets will be minimised. 

It is anticipated that the Precinct will not be subject sea level rise, consequently 

coastal setbacks from areas of erosion risk and ocean inundation will not be 

required. 

Council has no adopted policy and has received no advice from any other public 

authority of any policy which imposes any hazard risk restrictions on the 

development of the land. 

The LES takes into consideration Council's WQIP for Smiths Lake. 

No areas of high hazard have been identified within the Precinct. 


Hunter Central Rivers Catchment Action Plan 

Guiding principle 

Terrestrial biodiversity 

Land 

Rivers and Freshwater Wetlands 

Groundwater 

Land Use Planning 

Integrated Water Cycle Management 

Climate Change 

Comment 

The LEP would protect terrestrial biodiversity by avoiding development in areas that 

contain threatened species, high habitat values or habitat connectivity. The 

undertaking of a Voluntary Conservation Agreement for the area known as the 

Offset Land would improve the environmental values of the land. A DCP will further 

reinforce ecological provisions. 

The proposed rezoning will minimise the impact of soil erosion by ensuring that 

future development responds to the natural topography of the land. A DCP will 

further guide building design and include provisions for cut and fill. 

The proposed rezoning would protect riparian habitat by not enabling development 

near the fresh water lagoon and by protecting existing riparian vegetation. 

The proposed rezoning would not enable development that would be likely to harm 

groundwater. Water-sensitive urban design features would assist in maintaining 

groundwater quality. 

Council’s FTCDS, and this environmental study, consider current and future 

opportunities and constraints to development. The proposed rezoning would largely 

confine development to areas that are disturbed, have low to medium ecological 

value and do not have constraints that cannot be managed. 

The Hunter Central Rivers Catchment Management Authority provided comment 

that has been considered in preparing this environmental study. 

Council’s policies require the implementation of water-sensitive urban design 

features that support integrated water cycle management. Any development 

masterplan will need to demonstrate how future development will satisfy Council's 

requirements for Water Sensitive Design. 

Council’s strategic planning program supports the management of climate change 

impacts by ensuring that decisions on development are made from a holistic 

perspective. In this instance Council considers that the LEP will not be subject to 

the influences of climate change, namely sea level rise. 


Culture and Heritage 

Guiding principle 

Comment 

This environmental study considers Aboriginal and European culture and heritage 

impacts, and was based on Aboriginal stakeholders involvement. In this regard no 

significant issues of Aboriginal or European heritage, which could not be effectively 

managed, were identified.

LOCAL ENVIRONMENTAL STUDY Tropic Gardens Drive Precinct ...

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