Friday, 24 February 2012

NSW Ballina - shire's local environment plan may be recalled from the State Government.

24 February, 2012 9:45AM AEDT

Ballina group wants LEP recalled

click link below and listen to the Ballina Mayor Phillip Silver

Ballina Ratepayers Association welcome news the shire's local environment plan may be recalled from the State Government.

A Ballina residents' group is continuing its push for more consultation about changes to the local environment plan.

Protesters attended this week's Ballina Shire Council meeting, asking eight questions without notice.
Rikki Grinberg from the Ballina Ratepayers Association says they received confirmation that the document sent to the NSW Department of Planning could be recalled.
She says that's good news for concerned landowners.
"The most important thing is that people who are being affected are actually directly notified by the council," she says.

"There are still we estimate about 60 per cent of the people being rezoned in the shire who have no knowledge they are being rezoned."

Ms Grinberg also says the State Government needs to be made aware of the situation.
"A Stalinist land grab is not acceptable in Ballina Shire," she says.

"The LEP, as it is, is highly contentious and in all the shires throughout New South Wales the E2 and E3 zones have been thrown out."
Mayor's response
Ballina Mayor Phillip Silver says the council has no intention to recall the LEP at this stage, but they may change.
Cr Silver will meet with NSW Minister for the North Coast Don Page today.
He says if Mr Page agrees, he will call an extraordinary council meeting to discuss the possibility of recalling the LEP.
"But it's been discussed extensively by the councillors over the last couple of days," Cr Silver says.

Timing for the project
  • 2006 – initial planning and approvals to start the process.
  • 2007 – preparation and exhibition of Discussion Papers.
  • 2008 / 09 – technical drafting and mapping.
  • 2010 – approval of Draft Plan and public exhibition.
  • 2010 – anticipated completion of the LEP.
  • 2011 – anticipated Ministerial approval, and implementation.
For more information and to make a submission:
  • Visit
  • Phone 6681 1163 or email
  • Subscribe to the council’s new Community Connect service at
  • Check your local newspapers for information.
What is a Development Standard?
A development standard is a fixed parameter that development must conform to. Development standards are usually expressed numerically and are measurable. Development standards direct land use outcomes by providing detail about the form of development that is permitted under the LEP.
Principal Development Standards (Examples)
Minimum subdivision lot size
This standard identifies the minimum area for each land parcel created by Torrens Title subdivision. Minimum lot sizes are utilised to ensure that subdivision is compatible with the character and values of land. More specifically, minimum lot sizes are used to achieve subdivision outcomes consistent with historical or planned subdivision patterns, reinforce agricultural and environmental values of land, minimise land use conflict or conversely increase density of housing, provide for housing choice or encourage change in a locality.
The minimum subdivision lot size is established under clause 4.1 of the Draft LEP and the associated Minimum Lot Size Map. The minimum lot size for subdivision varies depending on location and zone under the Draft LEP. Importantly, minimum lot sizes are applied to all zones, not just rural and environmental protection zones as is currently the case.

‘Misled' over LEP

  ANGRY Ballina ratepayers are calling for the shire's proposed Local Environment Plan to be recalled.
Owner of the South Ballina Beach Village, Rikki Grinberg, led a protest at the Ballina Shire Council chambers during question time at the council meeting yesterday afternoon.

She said the group would also take a deputation to the NSW Premier next month.
"I feel confident that it (the proposed LEP) will be thrown out on a State level," Ms Grinberg said.
"We have been misled.

"The council has changed the goalposts on us, and most of us did not even know that it was happening."
Members of the group, known as the Ballina Ratepayers' Association, filled the council chambers holding signs and placards, before seizing the opportunity to ask questions about issues such as rezonings and consultation processes.
Ms Grinberg asked Mayor Phillip Silver if the council would recall the LEP document, which was approved by the council in December and has now been sent to the Department of Planning and Infrastructure.

In reply, council general manager Paul Hickey said it would have to be a decision of the council.
Outside the council chambers, Ms Grinberg said the council had "not done their due diligence" in informing residents how the new zones would affect their properties.
When asked why the group had not expressed their concerns before now, she said the reason was "incredulity".

"We have put in submissions, but it didn't make any difference, so now we are taking this further," she said.

The council recently issued a written statement about the LEP process, expressing concern about "inaccurate and misleading information" which "appears to be being distributed" and causing "unnecessary distress". It also said it had been working on the LEP for the past five years, and that this included numerous opportunities for ratepayers to make submission.

source: northern star and abc

Example subdivision
Rural property: 80ha in area Minimum lot size: 40ha
Based on the minimum lot size standard, the property is capable of being subdivided into two lots of 40 ha in area.
Height of buildings
This standard identifies the maximum height for buildings. It is measured from ground level to the top of the building, with some allowances for filling of land in the floodplain and architectural roof features. Building height standards are used to manage bulk and scale and address desired streetscape outcomes in urban areas. Typically, larger buildings are provided for in business areas via planning tools including allowance for taller buildings.
Building height is established under clause 4.3 of the Draft LEP and the associated Height of Buildings Map. Building height varies depending on location.
Determining FSR
Dwelling house on residential zoned land Land area = 600m2
Gross floor area = 240m2
FSR standard = 0.5:1
FSR = 240m2/600m2 = 0.4:1
Floor space ratio (FSR)
This standard identifies the maximum floor area for a building allowed on a parcel of land. It is determined by dividing the floor area of a building by the total area of a land parcel. Floor space ratio is used to manage the bulk and scale of buildings and amenity issues. Similar to building height, business areas typically incorporate greater floor space ratio standards that reflect the built character of such areas and provide for diverse and efficient use of the land. Floor space ratio is established under clause 4.4 of the Draft LEP for specific areas and specific types of development. The provision utilises both a map and table to set the floor space ratio standard. 

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