We acknowledge the Bundjalung, Gumbaynggirr and Yaegl people as the Traditional Owners of the land on which we live and work. We honour the First Nations peoples culture and connection to land, sea and community. We pay our respects to their Elders past, present and emerging.
Message from the Mayor
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Introduction About the Community Engagement Strategy
The International Association for Public Participation (IAP2) refers to community engagement as a planned process whereby Council and the community exchange information through different methods and take actions to solve common problems, deliver services or make decisions. It is planned, community focused and involves information exchange, applied across different methods and leads to actions or decisions.
Community engagement principles
Council’s approach to community engagement is guided by social justice principles and engagement principles specific to our community. These principles meet the guidelines established under the Integrated Planning and Reporting Framework (page 8) and relevant legislation (page 10).
Social justice principles
EQUITY
PARTICIPATION
ACCESS
RIGHTS
Engagement principles
The fair distribution of resources and opportunities, with a focus on those who need them most.
Giving people the opportunity to participate in community and economic life and develop their full potential.
Ensuring that everyone has equal access to essential resources, such as food, water, healthcare, education and shelter.
Recognising the dignity of every person and valuing their human rights.
OPEN, HONEST AND TRANSPARENT
INCLUSIVE AND REPRESENTATIVE
EFFECTIVE AND ONGOING PARTNERSHIPS
CONSULT WITH PEOPLE IMPACTED RIGHT TO BE INFORMED TIMELY PLAIN LANGUAGE AND EASILY ACCESSIBLE
APPROPRIATE LEVEL OF ENGAGEMENT
Integrated Planning and Reporting Framework
The Integrated Planning and Reporting (IP&R) Framework guides the way councils in NSW develop, document, report and deliver long-term plans for their community.
THIS PLAN
Community Engagement Strategy
The Community Engagement Strategy is based on social justice principles and details how we engage with our community to prepare IP&R strategies. Council’s Community Engagement Strategy includes the Community Participation Plan.
Community Strategic Plan (10-year)
The Community Strategic Plan is the overarching document. It identifies the community’s vision, aspirations and priorities for all Council plans and policies.
Delivery Program (four-year)
The Delivery Program establishes the direction for each new Council. It is a statement of commitment to the community by outlining the focus the Council intends to contribute towards achieving the long-term aspirational goals of the community as identified in the Community Strategic Plan.
Resourcing Strategy
Without sufficient resources - money, people and assets, the objectives of the Operational Plan cannot be achieved. The Resourcing Strategy consists of three components: the Long-Term Financial Plan, the Workforce Management Strategy and the Asset Management Strategy.
Operational Plan (one-year)
Supporting the Delivery Program is an annual Operational Plan prepared by the General Manager and staff. The Operational Plan defines how the commitments of the Delivery Program will be achieved by detailing measurable actions: what the Council will deliver where; how delivery will be resourced; what delivery will cost; who is accountable for each action; and, how performance is measured.
Capital Works Program
Capital works are projects that build, renew or upgrade infrastructure. They include such things as road improvements, resurfacing, intersection upgrades, shared pathways, drainage improvements and new facilities such as community centres, playgrounds and libraries. The Capital Works Program can be found in the Operational Plan.
Revenue Policy
The Revenue Policy ensures fair and equitable levying of rates and charges in order to provide sufficient funding to carry out services for the benefit of all ratepayers of the Clarence Valley Local Government Area. The Revenue Policy can be found in the Operational Plan.
Budget
Council generates income to fund services and assets for the LGA through rates on property, developer contributions, interest on investments, government grants, user charges and business activities. The budget can be found in the Operational Plan.
COUNCIL STAFF
COUNCIL
COUNCIL STRATEGIES AND PLANS
Structure of the Community Engagement Strategy
Two sets of legislation apply when planning community engagement in a local government context.
Under the NSW Local Government Act 1993, NSW councils are required to have a Community Engagement Strategy to support the development of plans, policies and key activities. Under the Environmental Planning and Assessment Act 1979 (EPAA), planning authorities, including councils must have a Community Participation Plan.
Under both Acts there are provisions for the Community Engagement Strategy and Community Participation Plan to be combined. Combining them is considered best practice, giving the community greater clarity about how and when they will be able to have a say and providing consistency of approach and delivery.
The Community Engagement Strategy and Community Participation Plan:
LEGISLATION
Local Government Act 1993 (NSW)
COUNCIL PLANS
Community Strategic Plan, The Clarence 2036
Sets out the community vision and aspirations for the Clarence Valley for the next 10 years.
PART 1
Community Engagement Strategy
Applies to Council plans, policies and key activities. Pages 11-34.
Environmental Planning and Assessment Act 1979 (NSW)
Environmental Planning and Assessment Regulation 2000
PART 2
Community Participation Plan
Applies to all planning functions, including Development Applications, Local Environmental Plans, Development Control Plans, Locality Plans, Strategic Plans, Contributed Plans. Pages 35-56.
Part 1 Community Engagement Strategy
Benefits of community engagement
Community engagement plays an important role in building communities.
ENGAGEMENT
Image: engaging with local youth at Live 'n' Loud 2024.
Decision making in local government
Under the Local Government Act, Council has authority to make decisions. This is generally through a Council resolution or adoption of a policy or local laws at a Council meeting. In some instances, decisions may be made via delegation outside a Council meeting.
Council encourages the community to provide feedback to inform decisions. While community engagement does not replace the decision-making powers of elected councillors or the General Manager, it does enhance the capacity of Council to make well-informed decisions.
Example of how community feedback informs Council decisions:
IDENTIFY PROJECT NEED
PUBLIC EXHIBITION FOR COMMUNITY FEEDBACK
FEEDBACK INCORPORATED
RESEARCH AND ENGAGEMENT PLANNING
COUNCIL ENDORSEMENT FOR PUBLIC EXHIBITION
COUNCIL ADOPTION
EARLY ENGAGEMENT
DRAFTING OF A NEW STRATEGY OR POLICY
COMMUNITY INFORMED OF NEW POLICY / STRATEGY
Depending on the nature of the project, and level of influence available to the community, an engagement may be either an ‘early engagement’ or a ‘public exhibition’.
EARLY ENGAGEMENT is usually carried out at the early stages of the project with the intention of gathering initial insights and community knowledge in the formation of the project or strategy.
PUBLIC EXHIBITION is the period when a project is open for feedback and, when applicable, in accordance with legislated minimum exhibition and notification timeframes for planning matters. Prior to going on public exhibition, a project must be endorsed by Council.
Decision
making for planning matters (part 2):
X Strategic planning decisions and significant DAs are determined by Council.
X Lower risk DAs are determined by Council staff under delegated authority.
Roles and responsibilities
The table below outlines the roles and responsibilities within Council to deliver effective community engagement.
ROLES
MAYOR
MAYOR AND COUNCILLORS (ELECTED REPRESENTATIVES)
RESPONSIBILITIES
X Act as the spokesperson for the Council to promote engagement on key strategic plans including developing the CSP.
X Together with the General Manager, ensure adequate opportunities and mechanisms for engagement between Council and the local community.
X Promote partnerships between Council and key stakeholders.
X Promote engagement on key strategic plans including supporting and participating in community engagement for the development of the CSP.
X Participate in the development of IP&R component documents, including the CSP.
X As members of the elected body, endorse the CSP on behalf of the community and approve the remaining component IP&R documents.
GENERAL MANAGER
STAFF
X Oversee preparation of the Community Engagement Strategy (CES) and IP&R documents and endorsement by the elected Council.
X Ensure that community members are given enough information to participate in the IP&R process in a meaningful way.
X Work with and support the General Manager in the development of the strategy and plans to engage the community.
X Implement the engagement strategy and provide timely advice to the General Manager on community views.
Image: community engagement session at the Close the Gap event in 2024.
About the Clarence Valley
Our area
Located in the Northern Rivers region in NSW, the Clarence Valley covers an area of 10,441 square kilometres and has three major centres, Grafton, Maclean and Yamba.
NSW
3 towns
60 villages
2,476 kilometres of roads
8 rivers
36 beaches
100 kilometres of coastline
2,262 square kilometres of National Parks, State Forest and Reserves
26,141 dwellings
Our people Our economy
$2.89 billion gross regional product in June 2023, growing 10.3% from previous year
Largest industry (by employment): Health Care and Social Assistance generating 4,011 jobs in 2022/23
23,769 employed residents
4,319 local businesses
Our households
26,069 dwellings
2.3 people per average household
8.3% residents born overseas (4,470 people)
Population forecast for 2025:
57,250
Projected population by 2041:
64,121
49 median age
80.7% residents aged over 18 and eligible to vote
27.4% residents aged over 65 years (14,829 people)
13% residents are young people aged 12 – 25yrs (7,052 people)
8.1% of our population identify as Aboriginal or Torres Strait Islander (4,394 people)
8.5% of our population are people living with a disability (4,580 people)
2.8% of our population speak another language other than English (1,496 people)
Source: Community Views, Clarence Valley, .id community demographic resources (online), 2021 Census, NIEIR.
Stakeholders
COUNCIL WILL TAKE REASONABLE STEPS TO UNDERSTAND:
X who are the main stakeholders within and outside the Clarence Valley
X whose input is needed to support informed decision making
X which groups have an interest in the process or outcomes of engagement
X who may be required to help deliver future priorities or services?
Equal opportunity to participate
Council aims to provide opportunities for participation that are flexible and appropriate for the community that takes into consideration language, literacy, cultural barriers and accessibility.
GROUPS THAT MAY REQUIRE ADDITIONAL CONSIDERATION IN PLANNING COMMUNITY ENGAGEMENT INCLUDE:
X people with a disability
X carers
X First Nations people
X culturally and linguistically diverse people
X parents of children under 12 years
X rural and remote communities
X young people (12 – 25 years)
X older people (70+).
Who we engage with
local residents
business and industry
First Nations people
visitors
ratepayers and progress associations
representative groups
emergency and combat agencies
education and students
not-for-profit organisations and community groups
young people
The community said ...
environmental groups
government agencies and members of parliament
neighbouring councils industry and business community, sporting and cultural groups
X More than half of participants (55.1%) have participated in a community engagement previously.
X Of those, about half of participants (51%) would like to see improvements with engagement.
Barriers or challenges
The community has identified the following challenges when participating in community engagement.
CHALLENGE
INFORMATION IS OFTEN DIFFICULT TO UNDERSTAND.
NEVER KNOW ABOUT ENGAGEMENTS.
CAN’T FIND ENOUGH INFORMATION.
NOT INTERESTED IN THE TOPIC.
CONSIDERATIONS
X Use simple, clear language that is free from technical jargon.
X Identify ways to reach new audiences through a combination of free and paid channels.
X Ensure sufficient information is easy to locate, access and understand. If information is technical and difficult to understand, consider using different styles of communication.
X Focus engagement on the community most impacted by a project or a decision. Identify new, more interactive, methods of engagement.
DON’T UNDERSTAND HOW FEEDBACK WILL BE USED / PERCEIVED LEVEL OF INFLUENCE.
OPTIONS TO PROVIDE FEEDBACK AREN’T SUITABLE.
DON’T WANT TO PROVIDE PERSONAL INFORMATION / IT’S TOO HARD TO SIGN UP.
DON’T FEEL COMFORTABLE SPEAKING UP ABOUT CONTENTIOUS ISSUES.
DON’T HAVE ENOUGH TIME.
NOT ACCESSIBLE.
DISEMPOWERED MINORITY GROUPS.
DIGITAL LITERACY.
X Notify participants, and the community, about how feedback influenced decisions, or how Council arrived at a decision.
X Consider a range of methods that meet the needs of different community members.
X Gather only necessary personal details and explain how they will be used. Reduce barriers to sign-up.
X Provide opportunities for the community to engage directly and maintain privacy.
X Deliver engagement at different times of the day and days of the week.
X Make engagement simple to reduce time commitment.
X Ensure in-person engagement is accessible via public transport and meets minimum accessibility requirements.
X Ensure online engagement meets minimum website accessibility standards.
X Develop partnerships with community groups and stakeholders to ensure their views are considered.
X Understand social or cultural differences and appropriateness of methods for different groups.
X Ensure all engagements are accessible via libraries, customer contact and mobile libraries.
Challenges also exists in managing project constraints. Constraints established by funding bodies or other agencies may impact engagement methods and timeframes. Council will be transparent about these constraints.
Implementation
Spectrum of Public Participation
Council follows the International Association of Public Participation (IAP2) best practice standards for community engagement, including the Spectrum of Public Participation.
IAP2’s Spectrum of Public Participation was designed to assist with the selection of the level of participation that defines the public's role in any public participation process. The Spectrum is used internationally, and it is found in public participation plans around the world.
INCREASING IMPACT ON THE DECISION
INFORM CONSULT INVOLVE COLLABORATE EMPOWER
To provide the public with balanced and objective information to assist them in understanding the problem, alternatives, opportunities and/ or solutions.
We will keep you informed.
To obtain public feedback on analysis, alternatives and/or decisions.
To work directly with the public throughout the process to ensure that public concerns and aspirations are consistently understood and considered.
To partner with the public in each aspect of the decision including the development of alternatives of the preferred solution.
To place final decision making in the hands of the public.
We will keep you informed, listen to and acknowledge concerns and aspirations, and provide feedback on how public input influenced the decision.
We will work with you to ensure that your concerns and aspirations are directly reflected in the alternatives developed and provided feedback on how public input influenced the decision.
We will look to you for advice and innovation in formulating solutions and incorporate your advice and recommendations into the decisions to the maximum extent possible.
X I want my opinions, concerns and aspirations acknowledged.
X I want to see how my feedback influenced decisions.
Level of engagement
In determining the engagement spectrum, Council considers how many people are impacted and the extent of the impact to the community. This also assists in determining appropriate timeframes, resourcing, methods, communication and reporting requirements.
Increasing impact of the decision
Community Impact
(The extent of the impact)
Community Scale
(How many people will be impacted)
Image: Clarence Valley Youth Network.
Engagement activities
Council aims to engage early and broadly. Council will meet the minimum requirements guided by legislation and, where possible, go beyond the minimum requirements to give our community the opportunity to participate. Exhibition time frames may be extended during public holidays, school holidays or when there are special events to ensure the community has time to provide feedback.
STRATEGIC DIRECTION AND BUDGET (IP&R)
PLANS AND STRATEGIES
POLICIES
SERVICE REVIEWS AND CHANGES
X Community Strategic Plan
X Community Engagement Strategy
X Delivery Program
X Operational Plan
X Annual Budget
X Active Transport Strategy
X Disability Inclusion Action Plan
X Reconciliation Action Plan
X Clarence Coast Holiday Parks Plan of Management
X Affordable Housing Policy
X Donations Policy
X Biosecurity Policy
X A full list of policies is available on Council’s website.
X Parks and Open Spaces Service Review
X Library Service Reviews
X Cemeteries Service Review
X A list of service review plans is included in the Delivery Program.
INFRASTRUCTURE PROJECTS (INCLUDING MAINTENANCE AND RENEWAL OF CAPITAL WORKS)
DEVELOPMENT APPLICATIONS
X Rushforth Water Treatment Plant Upgrade
X Traffic improvements
X New footpaths/upgrades
X Naming of facilities
X Monuments
X Variations to planning controls
X Shopping centres or new estates
X Complex proposals that may have environmental impacts
When doesn’t Council engage on planning matters?
Exempt development
A state-wide policy known as the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Codes SEPP) allows a range of minor low impact works, renovations, and development without Council approval. This is provided the project meets specific development standards specified in the Codes SEPP. Some examples of development that may be able to be carried out as exempt development include - decks, garden sheds, carports, fences, repairing a window or painting a house.
Complying development
Complying development may be assessed and approved by either Council or private certifiers. This type of development meets certain standards set out in the Codes SEPP. In this case you may not be notified or consulted about the development.
State development and policies
The NSW Government also makes decisions about State Significant Development and sets the State and regional planning priorities for the Clarence Valley local government area. The NSW Government may carry out its own consultation with the community about these planning matters or require Council to notify agencies under specific State Environmental Planning Policies.
Image: Drop-in community engagement session in Glenreagh.
Methods of engagement
The following table provides a guide for selecting appropriate methods of engagements that align with the IAP2 spectrum and level of engagement.
The community said…
X 71.4% of people prefer to provide feedback online vs. 28.6% face-to-face.
X Online preference: surveys, social media and interactive tools.
X Face-to-face preferences: community workshops and briefings.
2024 /2025 Youth Voice Pilot Program, working to increase youth voice in Council with students at Clarence Valley Anglican School.
METHODS
Customer Service Centres
CHANNEL DESCRIPTION
Face-to-face
Customer Service Centres in Grafton and Maclean offer accessible, face-to-face customer service, printed material and advice on Council projects and services.
Website Online Council’s website (clarence.nsw.gov.au) provides information for all Council projects and services.
Social media
Online Council’s social media pages (Facebook, Twitter, Youtube, Instagram and LinkedIn) provide updates to the community.
Media releases and Council briefs Print Online Broadcast
E-newsletter (Noticeboard)
Media releases provide regular updates to local media to ensure the community has timely, accurate and transparent information.
Online A weekly e-newsletter delivered to registered people provides updates on Council news.
Council events Face-to-face
Clarence Valley Council magazine
INFORM
Council sponsored and hosted events provide an opportunity to talk to the community about matters that affect them.
Print Council’s magazine informs our community about the quarterly progress and achievements of Council.
Advertising Print Broadcast
Electronic Noticeboards
Site specific signage
E-newsletters – (Clarence Conversations)
Council meeting agendas and minutes
Advertising in local newspaper or community radio.
Online Located at customer service centres and facilities, provide information about Council business.
Outdoor Temporary or permanent erected signage to inform the public about the project or relevant project details like road closures and detours.
Online A regular e-newsletter informing registered users of engagement opportunities and associated information including summaries of consultation outcomes and decisions.
Online
Meeting agendas inform our community about what will be discussed at each monthly meeting. Meetings are live streamed to inform our community about what is discussed, ensuring transparency. Meeting minutes provide a transparent record of what was discussed at meetings and the associated resolution / decision.
Letters Direct mail For specific projects, letters provide detailed information to a small audience on a specific, local matter
Presentations Face-to-face
Online A representative of Council may attend a community or stakeholder event to provide information about a planned project. Provides an opportunity for the community to ask questions about a project.
CONSULT INFORM
METHODS
Focus groups
CHANNEL DESCRIPTION
Face-to-face
Hosted by Council or consultants, focus groups provide an opportunity for our community to attend a structured two-way discussion about specific subject matter or projects
Telephone Voice to voice Customer Service staff engage with the community to inform and collect information to troubleshoot problems and link customers to relevant internal business units and Council officers.
Online tools - Clarence Conversations
Online
Site tour
Community or stakeholder briefings
Community workshops
Drop-in sessions
Face-to-face
Face-to-face Online
Face-to-face or Online
A purpose-built engagement platform that is open to the public 24/7 with specific project information and ongoing mapping projects.
Community can engage in their own time and own space. Can be accessed via computers at libraries or iPads at drop-in sessions.
Facilitated by a Council staff member, a site tour provides stakeholders with an opportunity to provide feedback and input into projects directly.
Provides an opportunity for a specific stakeholder groups to be involved in a face-to-face or online briefing session.
Provides an opportunity for the community to attend a small community workshop. Workshops require participants to contribute through a range of tasks that contribute to developing options.
Face-to-face
Surveys
Face-to-face Online
Located in high traffic and accessible community locations for a specific period. Councils staff, elected members and members of the Leadership team may attend to speak to and receive feedback from community. Location and timing to be considerate of community availability.
Collect feedback from stakeholders on a range of local, state and national indicators. Some surveys are developed locally by internal project owners on specific projects and others are developed and implemented by research companies or survey specialists.
Advisory committees
Face-to-face Online
Advisory committees are chaired by elected members. Community members join the committee following submission of a successful EOI. Meetings are governed by an Advisory Committee Handbook including Terms of Reference.
Deputations
Face-to-face Online
Deputations allow community members to speak at a public forum before an ordinary Council meeting. To address Council you must complete an application form (clarence.nsw.gov. au/Council/Council-meetings). Each speaker is allocated five minutes to address Council with no more than three speakers for or against the item of business.
METHODS
Meetings by invitation
Stakeholder Collaboration
CHANNEL DESCRIPTION
Face-to-face Online
Face-to-face Online
Community leaders and stakeholders meet with elected members and Council staff for discussion, debate and exchange of opposing opinions or views on a specific matter.
Community leaders and stakeholders with relevant expertise and knowledge meet with elected members and Council staff for discussion, debate and exchange of opposing opinions or views on a specific matter. COLLABORATE
Image: Drop-in community engagement session in Halfway Creek.
How the community can be involved
Stay informed - there are several ways the community can stay informed about Council matters including engagement activities.
X community engagement e-newsletter (community engagement opportunities)
X Noticeboard e-newsletter (general Council updates)
X social media
X paid advertising (e.g. The Independent or local radio)
X Council website (incl. Clarence Conversations)
X customer service centres (Grafton and Maclean)
X other Council settings including libraries and mobile library
X drop-in sessions.
Community Engagement - learn more about Council projects seeking community feedback, have your say or attend an engagement session.
Items on exhibition - provide your feedback formally on Council documents and matters.
Attend Council meetings and public forums - the community are invited to attend Council meetings or a public forum (ahead of the council meeting).
The community are encouraged to subscribe to receive regular updates via the website, e-newsletter and social media.
PART 2
There are several ways the community can be involved in planning matters that are considered or decided by Council.
X Customer service centres (Grafton or Maclean).
X Contact us to connect with an assessing officer.
X NSW Planning Portal.
X DA Track It.
X Lodging a submission. Get involved in
Find out more information about how, when and where Council will engage, advertise and notify on planning matters and how to make a valid submission in Part 2. Go to
The community said…
89% of participants want to be informed about future engagement activities via:
X Email
X Social media
X Newspaper
X Website
72.2% prefer to be informed as engagements are open.
Respectful engagement
Council is committed to protecting individual community members and employees from the risk of aggression, violence, intimidation and other anti-social behaviour in its facilities and during Council work.
Respectful and appropriate communication includes:
X using an appropriate volume, and not raising your voice in anger
X talking about the facts, and not using personal insults or intimidation
X listening and responding calmly to the concerns of others.
If out in the field, staff may be required to leave an engagement should there be any risk or signs of aggressive behaviour, intimidation or any other anti social behaviour.
Image: Community Strategic Plan review session at the 2024 Children’s Spring Carnival.
Reporting and evaluation
Council aims to capture feedback from a representative sample of the community, or appropriate stakeholder groups that represent the interests of the community.
Communicating outcomes of engagement
Reporting back to the community on how their feedback influenced decisions builds trust, demonstrates transparency, and promotes ongoing engagement. Providing feedback to participants, and the community, also referred to as ‘closing the loop’, can take place at various stages during a project.
When reporting on engagement, Council will endeavour to:
X thank participants
X provide information on the process including next steps
X provide information on the decision reached, including when and by whom
X provide information on how the views of the community were considered and or influenced the decision, and where necessary, give opportunity for further comments.
Council may use the following tools to inform participants on outcomes of engagement:
X email to people who participated (and sign-up to be contacted)
X Council Noticeboard (e-newsletter) clarence.nsw.gov.au/connect-with-us
X Council social media
X newspaper
X Council website (including on Clarence Conversations clarenceconversations.com.au)
X Council reports and in Council meeting minutes (clarence.nsw.gov.au/Council/Council-meetings)
X Council briefs (e-newsletter)
X media releases
X letters
X Clarence Magazine.
The community said…
91.8% of participants want to be informed about the outcomes of engagements.
The preferred method to be informed about the outcomes of engagement are:
X Email
X Social Media
X Newspaper
X Council website.
More information on planning mater can be found in Part 2:
X What is the strategic planning process
X What is the development assessment process?
PART 2
Reporting on planning matters
We will do this in a number of different ways depending on the nature and scale of the matter, which may include by directly notifying people who have made a submission, publishing information on our website or outlining the status of a project plan in a formal report to Council.
When a formal submission is lodged in relation to a development application that has been placed on public exhibition (advertised) and/or notified, Council will acknowledge this submission in writing within 5 days of the close of the exhibition period.
If the development application is to be reported to Council for a decision, those people who provided their email address in their formal submission to Council will be notified of the upcoming Council meeting and provided with the opportunity to request to speak for or against the officer’s recommendation, in accordance with Council’s Code of Meeting Practice.
When a decision is made in relation to a development application, all those who made a submission in relation to that development application will receive written notification providing the determination outcome and information on how to access the Notice of Determination.
Evaluation of the Community Engagement Strategy
Understanding and reviewing the effectiveness of this plan will be measured through the collection of qualitative, quantitative, and anecdotal evidence, including:
X number of engagements undertaken
X number of people involved and informed including measure of diversity
X a representative sample of community feedback
X community satisfaction.
Every four years the Community Engagement Strategy will be reviewed to ensure its ongoing effectiveness and relevance in line with:
X the Local Government Act 1993
X the Environmental Planning and Assessment Act1979 (NSW)
X Environmental Planning and Assessment Regulations 2000.
Community Engagement Report
Community Engagement Strategy and Community Participation Plan
TYPE Strategic direction (IP&R).
IAP2 SPECTRUM Involve community in process so ideas are considered.
LEVEL OF ENGAGEMENT High impact – LGA wide.
ENGAGEMENT PERIOD 2 September 2024 – 26 November 2024 (>6 weeks).
COMMUNITY Residents, First Nations people, young people.
METHODS
X Informed via website, social media, e-newsletter and newspaper.
X Online survey (49).
X Face-to-face drop-in sessions (11).
X Focus groups with stakeholders.
X Direct – letters and email (3).
Insights
Survey
Feedback from the online survey has been included throughout the Community Engagement Strategy to make it clear how the plan addresses the community’s feedback.
EMAIL, IN-PERSON AND CLARENCE CONVERSATIONS
WEBSITE WERE THE PRIMARY WAYS THAT PEOPLE PARTICIPATED.
55.1% of people have participated in Clarence Valley Council community engagement.
EMAIL NOTIFICATION, SOCIAL MEDIA, NEWSPAPER AND COUNCIL'S WEBSITE ARE PREFERRED WAYS TO BE INFORMED ABOUT ENGAGEMENTS.
OVERALL SATISFACTION:
51.8% were satisfied or neither satisfied or dissatisfied. 25.9% were dissatisfied and, 22.2% were very dissatisfied.
PREFERRED LEVELS OF ENGAGEMENT INCLUDE:
X ‘I want to be kept informed’,
X ‘I want my opinions, concerns and aspirations acknowledged’, and,
X ‘ I want to see how my feedback influenced decisions’.
91.8% of participants want to be informed about the outcomes of engagement.
CHALLENGES FOR PARTICIPATION INCLUDE:
X ‘information is difficult to understand’,
X ‘I never know about engagement’,
X ‘can’t find enough information’ and,
X ‘don’t understand how feedback will be used’.
71.4%
of people prefer to provide feedback online while,
28.6%
prefer to provide feedback faceto-face. Comments suggest that a mixture of online and face-to-face methods are preferred.
The preferred digital methods include online surveys, social media and interactive online tools.
Methods preferred for face-to-face engagement include community workshops, community briefings and surveys.
Community centres, community events and local libraries are preferred locations.
Survey Other insights
Continued.
DROP IN SESSIONS
89.8% of participants want to be informed about future engagements.
72.7% of participants want to be informed as engagements are open.
PREFERRED ENGAGEMENT TIMEFRAME IS 4-6 WEEKS FOLLOWED BY 2-4 WEEKS.
42.9% of people prefer Monday to Friday outside of work hours compared with, 35.7% preferring Monday to Friday during work hours.
FOCUS GROUPS WITH YOUNG PEOPLE
X Community is interested in roads and footpaths, DA’s and future planning to improve the amenity and accessibility of living in the Clarence.
X Higher proportion of participants voiced concerns about accessible methods of engagement for those who aren’t online.
X Desire for elected members to be involved in face-to-face engagement activities.
X Young people’s preferred method of engagement is face-to-face at school.
X Young people are interested in a range of Council business, from infrastructure projects and the environment to tourism and road work.
X Young people need information explained and presented in a way that is easy to understand and visually exciting.
FOCUS GROUPS WITH FIRST NATIONS
X A strong sense of not feeling respected, acknowledged, or engaged by Council or the wider community and as a result the voice of First Nations people is not heard.
X Community is reluctant to engage in formal engagement activities because of their past bad experiences with Council.
X Face-to-face engagement is the preferred method of engagement and regularly visiting the community to build trusting relationships is essential.
X Although a very small volume of emails was received, feedback centred around Council surveys being limiting in terms of characters and questioning and engagement being perceived as tokenistic.
X Having to register to complete a survey in Clarence Conversations is ‘off-putting’, however the Council website is a great place to access information.
EMAILS
Part 2 Community Participation Plan
Land use planning and development participation requirements
The NSW Environmental Planning and Assessment Act 1979 (EP&A Act) includes statutory requirements for councils to prepare a Community Participation Plan, as detailed below under s2.23:
a. The community has a right to be informed about planning matters that affect it.
b. Planning authorities should encourage effective and on-going partnerships with the community to provide meaningful opportunities for community participation in planning.
c. Planning information should be in plain language, easily accessible and in a form that facilitates community participation in planning.
d. The community should be given opportunities to participate in strategic planning as early as possible to enable community views to be genuinely considered.
e. Community participation should be inclusive and planning authorities should actively seek views that are representative of the community.
f. Members of the community who are affected by proposed major development should be consulted by the proponent before an application for planning approval is made.
g. Planning decisions should be made in an open and transparent way and the community should be provided with reasons for those decisions (including how community views have been taken into account).
h. Community participation methods (and the reasons given for planning decisions) should be appropriate having regard to the significance and likely impact of the proposed development.
How can you be involved in planning matters?
There are several ways that the community can be involved in planning matters that are considered or decided by Council.
Connecting with us
Customer Service Centre staff in Grafton or Maclean can help you access public exhibition documents, answer questions you have or can connect you to a planning officer for specialised help. Contact details of staff working on a development application, planning proposal, policy, plan or project may also be available on Council’s website at clarence.nsw.gov.au. For strategic plans, we will also be out and about in the community, at events, and by organising workshops or other ways of discussing ideas with you.
NSW Planning Portal
NSW councils are also required to use the NSW Planning Portal for planning and building applications. The Portal aims to improve application determination times, increase transparency of the planning system, and ensure greater accountability of all stakeholders. The NSW Planning Portal can be accessed at planningportal.nsw.gov.au.
DA Track It
You can find information about recent development applications received, advertised or determined by Council in relation to a particular property by searching ‘DA Track It’ on Council’s website.
Lodging a valid submission
Formal submissions may be made in regard to planning matters, including draft strategies, plans, policies and development application (advertised) while on exhibition. You are able to make a formal submission to Council via email, in writing or online.
In order for Council to consider your formal submission, it must contain your name and legitimate contact details (e.g. name, email, phone number and address). The submission must also reference the matter your submission is in relation to, such as the development application, planning proposal, strategy or plan title and reasons for the submission. Submissions in writing must contain the signature of each person making the submission.
We encourage you to prepare a unique submission so Council staff can understand your particular position, views or concerns. If you choose to make a proforma-type submission, Council will accept and consider your submission as a proforma submission.
Petitions on planning matters are not recommended. Petitions concerning objections to Development Applications are not accepted in accordance with Council’s Policy – Petitions. Where a petition is made in response to other planning matters, it must be done so in accordance with Council’s Policy – Petitions.
Submissions can be made while on exhibition, via:
X Email to Council’s email address: council@clarence.nsw.gov.au
X For strategic planning matters, online, via Council’s on-exhibition webpage: clarence.nsw.gov.au/On-exhibition Note: submissions to development applications cannot be submitted through this website.
X For development applications, online, via Council website: clarence.nsw.gov.au/advertised DAs Note: multiple separate submissions received from the one submitter will be recorded as one submission.
Making a deputation
For planning matters that are being decided by Council at a Council meeting, a deputation letter or email will be sent to those that have made a valid submission. If you have made a proforma submission, or where very large volumes of submissions are received, Council will keep you informed about the opportunity to make a deputation via email only (subject to the provision of an email address) and will not use traditional mail.
Submitters will be given the opportunity to address the Councillors at a public forum prior to the Council meeting, in accordance with Council’s “Policy - Code of meeting practice”.
Note: notification can only be made to those that have made a valid submission.
1. Strategic planning
What are Strategic Plans?
We develop several important plans and policies which determine how land is used in our LGA and what kind of development can happen on a site.
Some of these plans are made under the NSW Environmental Planning and Assessment Act 1979 (EP&A Act) and are known as strategic plans.
Examples include the:
X Clarence Valley Local Strategic Planning Statement
X Clarence Valley Local Environmental Plan 2011 (CVLEP), and Planning Proposals to amend the CVLEP
X Development Control Plans (DCPs)
X Contributions Plans
We also prepare a range of other planning documents and policies which set the long-term framework for development in the Clarence Valley. They may identify suitable land to accommodate growth for housing, employment, and rural lands to ensure an affordable, sustainable, and resilient community. They are considered when amending the CVLEP (i.e changes to the land use zone, minimum lot size or height of building controls), DCPs and / or Contributions Plans.
Examples include:
X Employment Lands Strategy
X Rural Lands Strategy
X Local Housing Strategy
X Affordable Housing Policy
Some of these strategies are required to be endorsed by the Department of Planning and Environment (DPE) and form part of considerations for development applications.
What is the strategic planning process?
Council is required to consider the NSW Department of Planning, Housing and Infrastructure (DPHI) state, regional and local planning framework and priorities in the development of land use plans and strategies The DPHI has also prepared guidelines that detail the process and requirements for development of the different planning policy, for example the Local Environmental Plan Making Guidelines, August 2023 (Planning Proposals), Local Housing Strategy Guidelines 2018 (Local Housing Strategies), and a guide for local employment land strategies, July 2022 (Employment Land Strategies).
When Council develops a new strategic plan (either statutory or non-statutory), makes a change to an existing plan or proposes to amend the CVLEP by a planning proposal, we will seek input from stakeholders relevant to the strategy or planning proposal. Consultation may include industry, business, environmental groups, government agencies and a broad cross section of the local community, including First Nations people, to help develop the draft plan.
After a draft plan has been developed Council will place the draft document on public exhibition in accordance with mandatory exhibition timeframes to allow the community to provide feedback.
After the draft plan is exhibited, a wide range of factors are considered to decide whether to formally adopt the plan. Consideration will be given to submissions and feedback received from the community, government agencies and other stakeholders, state, regional and local strategic priorities, the land use priorities identified in other strategic plans and other applicable policies and guidelines.
When a strategic planning document, or DCP is adopted by Council it is placed on Council’s website at clarence.nsw. gov.au and published on the NSW Planning Portal.
When an amendment to the CVLEP (planning proposal) is finalised, it will be made and notified on the NSW legislation webpage, with the CVLEP amendment coming into effect on this date.
How and when will Council engage with our community on strategic planning matters?
When engaging with our community about strategic planning matters, we will use a range of engagement methods and communication channels. The approach and method are tailored regarding the scale and nature of the plan and its expected impact on the environment, amenity, or surrounding landowners and community. The larger the potential impact, the greater the requirement is for consultation with the community.
Engagement Methods
If a planning matter requires feedback and participation from the community to inform the preparation of the strategy or plan, early consultation and engagement will be undertaken with relevant stakeholders. This may include face-to-face engagement activities and online engagement via Council’s engagement webpage.
We encourage community participation on strategic planning matters by formal exhibition of draft plans, policies or documents. The draft plan, policy or document will be published on our website at clarence.nsw.gov.au and the NSW Planning Portal (as required, such as Planning Proposals).
Notification of early engagement activities and public exhibition of the draft planning strategies and documents will be made via Council’s Noticeboard and social media. For plans that have larger potential impact we may also notify by external media channels such as local newspapers, radio and or television.
Notification by email or letter may also be made to those that contributed to the preparation of the strategy, plan or policy, relevant stakeholder and community interest groups and surrounding neighbours that may be directly impacted by the plan.
Engagement timeframes
The EP&A Act sets out mandatory minimum public exhibition timeframes that Council must follow when exhibiting certain strategic planning documents. Where this applies, Council will exhibit a draft plan for the minimum timeframes set out in Table 1 in compliance with the EP&A Act.
In addition to the minimum requirements, we will endeavour to engage widely to help develop draft plans and strategies, through a variety of best practice engagement techniques.
TYPE OF STRATEGIC PLAN
Draft Community Participation Plan
Draft Local Strategic Planning Statement
Draft LEP or Planning Proposal to amend the CVLEP, subject to Gateway determination (which is issued by the NSW Government)
Reclassification of Public Land via an amendment to the CVLEP (i.e. from community to operational)
Draft Development Control Plans
Draft Contribution Plans
Strategic Land Use Plans (e.g. a Local Housing Strategy)
days
days
28* days
28* days
A public hearing is also required under section 29 of the LG Act
days
days
No mandatory minimum exhibition requirements. Council will exhibit draft land use strategies for 6 weeks (not including preliminary engagement while developing the plans or strategies)
* If a different timeframe or no exhibition is specified in the Gateway determination issued by the NSW Government, then that exhibition requirement applies.
For other strategic plans, Council will determine the engagement timeframes on a case-by-case basis having regard to the Principles outlined in this CE&PP. Generally, the minimum exhibition period for a draft strategy, study or policy will be 28 days.
Note: strategic plans advertised during holiday periods or including public holidays will have their exhibition period extended. Exhibition will otherwise occur after the holiday period is complete. The period between 20 December and 10 January in the following year (inclusive) is excluded from the calculation of a period of public exhibition as per the EP&A act.
Table 1: Mandatory Minimum Public Exhibition Timeframes
Glossary Key Strategic Planning Terms
TYPE OF STRATEGIC PLAN
Environmental Planning and Assessment Act 1979
Environmental Planning and Assessment Regulation 2000
Environmental Planning Instrument
ACRONYM
The EP&A act
The Regulation
EPI
State Environmental Planning Policy
SEPP
Local Environmental Plan
LEP
Development Control Plan
DCP
Contributions Plan CP
Voluntary Planning Agreement
VPA
Regional Plan (North Coast Regional Plan) -
Local Strategic Planning Statement LSPS
The principal legislation governing the land use planning system in New South Wales.
The regulations which support the EP&A Act.
A Local Environmental Plan (LEP) or State Environmental Planning Policy (SEPP) made under Part 3 of the Act. An EPI contains planning controls that apply in relation to the development of an area/site.
A form of EPI which sets out planning controls on matters that are of state or regional environmental planning significance.
A form of EPI which is the principal legal document for controlling development at a local level. This sets the zones for land and what type of development is permissible or prohibited.
Detailed statutory guidelines that illustrate the controls that apply to a particular type of development or in a particular area.
A plan that enables Council to levy monetary contributions from developers or applicants (at development application stage) to help pay for additional community facilities and infrastructure.
A voluntary agreement between a public authority (such as Council or the NSW Government) where a developer agrees to provide or fund public amenities and public services, affordable housing or transport or other infrastructure.
The plan which identifies the basis for strategic planning in the region, having regard to economic, social and environmental matters and taking into account any SEPP, other strategic plans and State infrastructure priorities.
The plan that sets out the 20-year vision for land-use in the local area, the special character and values that are to be preserved and how change will be managed into the future.
TYPE OF STRATEGIC PLAN
Gateway process/determination -
Planning proposal PP
Land Use Zoning -
Planning certificate / Section 10.7 certificate -
For planning proposals in NSW, the Gateway process is a critical step in the creation and amendment of Local Environmental Plans (LEPs). The Gateway process ensures that planning proposals are thoroughly evaluated, and that community input is considered before any changes to local planning regulations are made.
A document that seeks to support a change to an LEP. The State give a Gateway determination approval which sets out conditions for the exhibition of a planning proposal
This is the ‘zone’ designated to the land under an LEP which sets what type of development is permissible, permissible with consent or prohibited on the land
A document that provides a range of planning information on land including how the land may be used and restrictions on its development.
Image: Community Strategic Plan Review Community Engagement Session, Grafton Shopping World, September 2024.
2. Development assessment
What is development assessment?
Development assessment is the process where Council considers a specific proposal for development and decides whether it should be approved having regard to the criteria in the EP&A Act. This is called a merit-based assessment.
As part of this assessment, staff will consider the strategic planning framework applying to the site and surrounding area. For example, the zoning in CVLEP and the development controls in the relevant DCPs. The views of the community including any submissions made during the exhibition period are also taken into consideration as part of the approval process.
When the decision is made to approve a development application, this is known as granting development consent under the EP&A Act. A development application may also be refused. For most development applications, staff make the decision under delegated authority. Sometimes the decision is made by the elected Council. For regionally significant development, the Northern Regional Planning Panel makes the decision.
Once the decision is made, a ‘notice of determination’ is issued to the applicant which sets out whether the development is approved or refused. If approved, conditions are imposed on its implementation.
What is the development
assessment process?
In summary, the development assessment process should include the following main steps:
1. Pre-lodgement meeting (optional) with Council and discussions with neighbours and surrounding community, as applicable
2. Lodgement of a development application
3. Notification and advertisement of the application where required by this CE&PP
4. Referral to NSW Government agencies or departments if required
5. Assessment of the application against the criteria detailed in the EP&A Act
6. Determination of the application.
The development consent may be changed by the applicant by lodging a ‘modification application’. The applicant may also seek a review of the decision under the EP&A Act.
How and when will Council engage with our community on development assessment matters?
Before lodgement
An applicant for a development proposal that is of a scale and nature which may potentially impact the environment, amenity or neighbouring land or locality is required to carry out consultation with the community. This will typically happen through the pre-DA lodgement advisory service.
During assessment
Before a decision is made, the development application will be exhibited in accordance with requirements in Table 2 (on the following page). The development types required to be advertised and/or notified are explained in Tables 3 and 4 on the following pages. These are based on the land use definitions in the CVLEP.
If there is any conflict between these requirements or the development is described in more than one table, the higher level of notification requirement will apply. A reference to a type of development must also be read as a reference to alterations or additions to that type of development.
If a development and/or use is not identified in Tables 3, 4 or 5 then we will usually notify the application. We may also advertise a development application if in its opinion advertising is warranted due to the nature of the development, such as the scale and potential impact.
In addition, when assessing a development application, Council may have to refer the application to NSW Government departments or agencies, for example, referral to Transport for NSW or the NSW Rural Fire Service to seek what is known as concurrence.
Exempt and complying development does not require a development application to be determined by Council. As such, this type of development is not notified or advertised. The exempt and complying controls are set out in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2088 (Codes SEPP).
Engagement timeframes
The engagement timeframe for a development application is determined by the type and scale of the development as outlined in this CE&PP.
At a minimum, we will exhibit a development application for the mandatory minimum public exhibition requirements set out in the EP&A Act (see Table 2).
The start of the exhibition period is the date the notice appears at the development site and the date the application is published on Council's website and the NSW Planning Portal (for advertised development) and/or the date of the notification letter (notified development).
The period between 20 December and 10 January in the following year (inclusive) is excluded from the calculation of a period of public exhibition as per the EP&A Act. Development applications advertised during periods of public holidays will have their exhibition period extended by a minimum of the holiday period.
Table 2: Mandatory minimum public exhibition requirements for telecommunications that adequately service the community.
TYPE
DEVELOPMENT
Application for development consent (other than for complying development certificate, for designated development or for State significant development) 14 days
Larger scale or high impact DAs with anticipated community interest will be notified for 28 days at the discretion of Council officers
Application for development consent for nominated integrated development or threatened species development (Approval will need to be obtained from other relevant public authorities before development consent can be granted) 28 days
Application for development consent for designated development 28 days 28 days
Application for Category 1 Remediation Works 28 days
Council related Development Applications 28 days
Application for modification or review of a development consent* As per original application (or 14 days if identified in the Regulations)
Re-exhibition of an amended application
As per original application
Environmental impact statement obtained under Division 5.1 28 days
Planning Agreement (entered into as part of the Development Application or post consent) 28 days
Exceptions for advertised development and notified development
X e-notification of development prescribed as advertised development or notified development for the purpose of this CE&PP that has been amended before it has been determined may be dispensed with where the consent authority is of the opinion that the amended application differs only in minor respects from the original application. In other circumstances, Council will undertake e-notification of development prescribed as advertised development or notified development for the purpose of this Plan to those that have put in a submission that has been amended before it has been determined.
X Public exhibition and/or notification of a Section 4.55 (1) and (1A) application to modify a development consent post determination may be dispensed with if, in the opinion of the consent authority, the proposed modification is minor in nature and is unlikely to detrimentally affect the enjoyment of adjoining land or locality.
X Council may extend the advertising and/or notification period for up to 28 days where is it of the opinion that the development may attract significant public interest or have an adverse impact on the environment, amenity or character of the locality.
Note: so that submissions can be considered as part of the decision-making process, submissions must be lodged by the closing date of the exhibition period. The closing date for submissions will be set out in the notification letter, site notice and/or on Council’s website.
There is no guarantee that late submissions will be considered, however, late submissions can be considered depending on exceptional circumstances (delayed receipt of mail, occurrence of a natural disaster) and where prior arrangements with the assessing officer have been made.
Engagement methods
The engagement methods and notification requirements for development applications varies according to the type of development, the land use zone under the CVLEP, its scale and expected impact to the environment, amenity, or enjoyment of neighbouring and surrounding landowners. The larger the potential impact, the greater the requirement is for consultation with the community.
The tables on the following pages set out the notification requirements, based on the land zoning and the proposed development, under this CPP.
Follow the steps below to identify the notification requirements for your development application.
Step 1
Identify the land use zone of the land under the CVLEP using the zoning maps.
Land use zoning can be checked by accessing Council’s Online Mapping on our website clarence.nsw.gov.au or through the NSW Government’s online Planning Portal planingportal.nsw.gov.au
Step 3
Identify the type of proposed development using the list of development types in the following tables.
The development types are based on the definitions and provisions in the CVLEP and SEPPs. If the development type is not listed, please contact Council staff to discuss your proposed development.
Step 2
Identify development types permitted with or without consent under the CVLEP Land Use Table.
For development that is prohibited under the CVLEP, identify applicable SEPPs which may permit the development.
Step 4
Check if a notification is required for the land zoning and development type.
This will be either:
X advertised and notified (Table 3)
X notification only (Table 4)
X no notification or advertisement required (Table 5).
3. Advertised and notified development
Advertisement and notification may be undertaken for development that is unconventional, contravenes development standards within the CVLEP or development controls within Council’s DCPs, or is of a scale and nature that may have environmental, social and/or economic impacts to the surrounding landholders and community. Development types that require advertisement and notification are detailed in Table 3 below.
Table 3: Advertised (and Notified) Development for the purpose of this CPP.
ADVERTISED AND NOTIFIED DEVELOPMENT
X Development of a Heritage Item under Clause 5.10(10) of CVLEP using the conservation incentives clause
X Health services facilities
X Estimated Cost of Development Exceeds $10 million
X Use of Clause 2.8 provisions of CVLEP (Temporary use of land) Heavy Industry (heavy industrial storage establishment, Offensive or hazardous development (or potentially) under SEPP Resilience and Hazards 2021 (formerly SEPP 33)
X Use of Clause 5.3 provisions of CVLEP (Development near zone boundaries)
X Helipads
X Any development with a CVLEP variation greater than 10%
X Highway services centres / Service stations
X Any change or variation to an existing use as defined under the EP&A Act
X Hostels
X Any development on Public Land or Council Control Land – Council related Development
X Advertising structures or advertisements required to be advertised under SEPP Industry and Employment 2021 (formerly SEPP 64)
X Information and education facilities
X Airstrips
X Intensive agriculture (livestock and plant) /
Restriction facilities
X Artisan food and drink industry
X Marinas/ Port facilities
X Animal boarding or training establishments
X Places of public entertainment
X Aquaculture
X Places of public worship
X Biosolids treatment facilities
X Public administration building
X Boarding houses
X Recreation areas and Recreation Facility (Major, Outdoor and Indoor)
X Brothels and restricted premises / sex services premises
X Registered clubs/Pub/Small Bar
X Caravan parks and Campgrounds / Tourist and Visitor Accommodation
X Remediation (Category 2 only) under SEPP Resilience and Hazards 2021 (formerly SEPP 55)
X Cellar door premises
X Research stations
X Cemeteries/ crematorium/mortuary
X Residential Accommodation (5 or more dwellings / units)
X Centre-based childcare facilities / Educational establishments
ADVERTISED AND NOTIFIED DEVELOPMENT
X Rural industry
X Community facilities
X Seniors housing
X Correctional centres
X Sewage treatment works
X Demolition or relocation of a structure, building or land that is a listed Heritage Item
X Subdivisions – 5 or more lots or new road
X Eco-tourist facilities
X Telecommunications facility
X Electricity generating works
X Veterinary hospitals
X Emergency Service Facilities
X Transport / Truck depots
X Entertainment facilities / Function centres
X Waste or resource management facilities
X Extractive industries / Mining
X Water recycling facilities
X Group homes
X Workforce accommodation
What information will be ‘advertised’ at the development site and on Council’s website?
Council will place a site sign on the land subject of an ‘advertised’ development application which is visible to passing pedestrian and vehicle traffic (where applicable) and on our website at clarence.nsw.gov.au. A letter will also be sent to adjoining and/or neighbouring landowners where they may have an interest in the development.
The ‘advertisement’ will include all relevant information as required by the EP&A Act.
Notified Development
Notification may be undertaken for development that is of the opinion of Council, may impact the adjoining or surrounding landowners. When notifying a development application, we write to those people identified as requiring notification that an application has been submitted.
Development types requiring notification only are listed in Table 4 below.
Table 4: Notified Development for the purposes of this CPP.
NOTIFIED (ONLY) DEVELOPMENT
X All development with a DCP variation
X Health consulting rooms
X All new dwellings in a Heritage Conservation Area
X Industries (light and General)
X Any development with a CVLEP variation less than 10%
X Landscape and garden supplies Timber, and
building supplies rural supplies / garden centre / nursery
X Bed and breakfast accommodation
X Markets
X Residential Accommodation (less than 5 dwellings /units (not including single dwellings)
X Boatsheds / boat building and repair facility / charter and tourism boating facility Neighbourhood shops / supermarket
NOTIFIED (ONLY) DEVELOPMENT
X Demolition or relocation of a structure or building, within a Heritage Conservation Area
X New Commercial premises – business, office, retail (food and drink premises)
X Any façade works or alterations and additions to a Heritage Item that are visible from the street (as identified on front elevation)
X Depots
X Roadside stalls
X Earthworks
X Specialised retail premises
X Exhibition homes or villages
X Subdivisions – less than 5 lots or boundary adjustments that create a dwelling entitlement or impact on a Heritage Item.
Council
will also notify:
Traditional Owners
X Extensive agriculture, Horticulture, Viticulture (R5 only)
X Storage premises
X Farm stay accommodation
X Water recreation structures / boat launching ramp – including pontoons and jetties
X Flood mitigation work
X Warehouse or distribution centre
X Freight transport facilities / passenger transport facility
X Vehicle repair stations, Vehicle sales or hire premises
X Funeral home
X Signage, other than building and business identification signs
X Council will notify the relevant registered native title body corporate and/or Local Aboriginal Land Council (as appropriate) where the development application relates to Crown land that is subject to a native title claim or determination.
X Council will notify the relevant native title prescribed body corporate and/or Local Aboriginal Land Council (as appropriate) where the development application is for a property that is mapped as an area of cultural significance or is within 50m of an Aboriginal Object or Aboriginal place that is recorded on the Aboriginal Heritage Information Management System (AHIMS). In the first instance, Council will encourage the applicant to consult with the native title prescribed body corporate and/or Local Aboriginal Land Council prior to lodgement of the Development Application.
Adjoining landowners
X Council will notify an adjoining landowner if the land abuts the land of the subject of the development application or is separated by a road (but only within 40 metres of the land the subject of the development application), pathway, driveway or similar thoroughfare.
X If the adjoining land is owned by more than one person, notification to one owner is taken to satisfy the notification requirements of this CPP.
X If the adjoining land has been subdivided under the Community Land Development Act 1989 or the Community Strata Schemes Development Act 2015 (previously the Strata Schemes [Freehold Development] Act 1973), Council will notify the owner of each lot within the property and the Body Corporate or Community Association.
X If the adjoining land is a lot within the meaning of the Strata Schemes Development Act 2015 (previously Strata Schemes [Leasehold Development] Act 1986), Council will notify the owner of each lot within the property.
Neighbouring landowners
X Council will notify neighbouring landowners if the land may (in the opinion of Council staff) be affected by the proposed development.
X Council may consider the following factors when deciding if the land may be affected by the proposed development:
i. the likely impacts of the development on both the natural and built environment of the neighbourhood ii. the social and economic impacts on the neighbouring land
iii. the views to and the views from the neighbouring land
iv. the overshadowing and loss of solar access to neighbouring land
v. the impact of the proposed development on the streetscape vi. traffic.
Clarence River Fisherman’s Co-operative
X Council will notify the Clarence River Fisherman’s Co-operative if the development proposal may have a direct impact on waterways or marine habitat.
Department of Planning and Environment – Crown Lands
X Council will notify the Department of Planning and Environment - Crown Lands when the development application is on Crown land.
What is in the notification letter?
The notification letter will contain all relevant information as prescribed by the EP&A Act and in accordance with the principles of this plan, and include the following information:
X a description of the land (including the address) on which the development is proposed to be carried out
X the name of the applicant and the name of the consent authority
X a description of the proposed development
X a plan of the proposed development providing information indicating the height, siting and external appearance of the proposed buildings
X Council’s reference number for the development application
X a statement that the person may during the exhibition period make a written submission to the General Manager about the development application
X dates of the exhibition period indicating the closing date for submissions
X a statement where the submission is by way of objection to a proposed development, the submission must set out the grounds for the objection
X advise the submission will be made publicly available, may be included in Council reports and will be available for the applicant to consider
X advise that if you do not wish your submission to be publicly available and you wish it to remain confidential, you must state this in the submission and provide Council with written reasons for this request
X advise that Council will not consider any anonymous submissions
X details of Council staff to contact for further information.
Development not requiring notification or advertising
No notification or advertisement is required for development which does not warrant notification by virtue of its minor nature, minimal or low environmental, social, and economic impact and high degree of compliance with Council’s CVLEP and DCPs. Development types not requiring notification or advertisement are listed in Table 5.
Table 5: Development not requiring notification or advertisement
DEVELOPMENT NOT REQUIRING ADVERTISEMENT OR NOTIFICATION
X Complying Development
X Farm buildings, garages, swimming pools carports, sheds, and other ancillary buildings that comply with the DCP
X Development Permitted without consent Forestry
X Exempt Development
X Home businesses and home industries / home occupation
X Alterations and additions to buildings that comply with DCP
X Industry retail outlets
X Change of use, where, in the opinion of the Council, there will be no adverse impact on the neighbourhood (i.e. Commercial premises –business / office / retail (change of use)
X Industrial training facility
X Commercial premises – business, office, retail (change of use)
X Kiosks
X Demolition of a structure (not a Heritage Item or within a Heritage Conservation Area)
X Single dwellings and secondary dwellings that comply with DCP
X Environmental Facility
X Subdivisions including boundary adjustments, consolidation of lots or strata subdivisions
X Environmental protection works / coastal protection works
X Works for the purposes of recovering from a natural disaster or associated with an emergency response to a natural disaster
X Extensive agriculture / horticulture / viticulture (other than R5)
Glossary Key Development and Environmental Assessment Terms
NAME ACRONYM EXPLANATION
Consent Authority
Development Application DA
Statement of Environmental Effects SEE
Development consent
Notice of determination -
Construction Certificate CC
Occupation Certificate CC
Environmental impact statement EIS
Review of environmental factors REF
Exempt development
Complying development
The principal legislation governing the land use planning system in New South Wales.
The regulations which support the EP&A Act.
A local environmental plan (LEP) or State Environmental Planning Policy (SEPP) made under Part 3 of the Act. An EPI contains planning controls that apply in relation to the development of an area / site.
Consent given under Part 4 of the EP&A Act which gives approval to carry out the development usually subject to conditions.
The legal document issued by the consent authority to grant or refuse development consent.
A certificate to the effect that work completed in accordance with specific plans and specifications will comply with the requirements of the relevant legislation.
A certificate that authorises the occupation and use of a new building, or a change of building use for an existing building. Post construction check on whether necessary approvals and certificates are in place for the development and the building is suitable for occupation or use in accordance with its Building Code of Australia (BCA) classification.
A report which is prepared to assess the environmental impact of development which is categorised as designated development.
A report which is prepared to support a proposed development by a public authority such as a local council.
Low impact development that an EPI provides may be carried out without the need for development consent.
Routine development that an EPI provides can be approved by meeting specified predetermined standards.
NAME
ACRONYM EXPLANATION
Integrated development - Development that, in order for it to be carried out, requires development consent and one or more approvals from an NSW Government agency.
Designated development - Development that is high-impact (e.g. likely to generate pollution) or is located in or near an environmentally sensitive area (e.g. a wetland),
Section 4.55 or 4.56 application - An application to change an existing development consent.
Section 8.3 application - An application to review a notice of determination.
Image: Community Strategic Plan Review Community Engagement Session, Grafton Shopping World, September 2024.
4. Plans of management
What is a plan of management?
A plan of management (PoM) is a document that establishes the framework for the use, management and development of Council owned ‘community’ land and Community Crown land under the control of Council as the Crown Land Manager. It can be written for a single park or reserve (i.e. site-specific PoM), or for a group of parks and reserves in general (i.e. generic PoM).
It is a statutory document prepared under the Local Government Act 1993 (LG Act). Community Crown Land PoMs must also consider provisions of the Crown Land Management Act 2016 (CLM Act), NSW Aboriginal Land Rights Act 1983 (ALR Act) and the Commonwealth’s Native Title Act 1993.
PoMs may apply to sportsgrounds, parks, natural areas, an area of cultural significance or land containing communitybased facilities, such as halls and showgrounds.
When and how will Council engage with our community on plans of management?
When engaging with the community about the preparation of a PoM, Council may use a range of engagement methods and communication channels, including face-to-face, phone, email and our on-line community engagement portal, Clarence Conversations.
The approach and method will be tailored with regard to legislative requirements, the scale and nature of the use and development of the park/reserve proposed by the PoM, as well as its impact on the community.
Like strategic plans, a draft PoM is developed alongside the community and relevant stakeholders and will be placed on public exhibition to allow wider community feedback and participation.
Community Crown land PoMs must be referred to the Minister for Lands and Property, as owner of the land, for consideration prior to being placed on public exhibition. Council is required to make any changes to the draft PoM requested by the minister prior to it being placed on public exhibition. Council is also required to seek Ministerial consent prior to adopting a Community Crown land PoM.
Engagement Methods
Early engagement activities are undertaken for site specific PoMs to inform the preparation of the PoM. Early engagement will not be undertaken for PoMs that are generic in nature (i.e. a generic PoM). First Nations people will be engaged either individually or as part of general community engagement activities depending on the type of PoM being developed and the cultural importance of the land to First nations people.
Community Crown land PoMs must also be referred to Council’s Native Title Manager to provide advice that all proposed activities and uses under the draft PoM are valid in regard to the native title legislation applying to the park/reserve.
Once Council has resolved to place the draft PoM on public exhibition, the draft PoM will be published on Council’s Onexhibition webpage clarence.nsw.gov.au/On-exhibition
A public hearing is also required during the exhibition period, for a draft PoM if the proposed plan would have the effect of categorising the land for the first time or altering the categorisation of community land under the LG Act.
Notification of the exhibition and or public hearing will be made to stakeholders involved in the preparation of the draft PoM and via Council’s Noticeboard and social media platforms. External media, including notification via local newspaper may also be undertaken dependant on the scale and nature of the draft PoM.
Engagement timeframes
A draft PoM must be exhibited in accordance with the requirements of the Local Government Act. A draft PoM must be exhibited for a minimum of 28 days and allow a minimum of 42 days for submissions to be made to Council regarding the draft PoM.
Council must publicly exhibit the draft PoM together with any other matter that it considers appropriate or necessary to better enable the draft PoM and its implication to be understood.
Image: Leadership Engagement Session, Yamba Markets, February 2024.
