Roadblocks remain for the Cove's Non-Urban land owners

By sirius, 22 May, 2014

Can an asset be a liability?

Requests for rezoning, from eleven owners of non-urban blocks in the Cove, failed to receive any support at the May 13 meeting of GLC's Strategic Committee. An extract taken from the agenda papers is copied below. The committee recommended that Council notify the relevant land owners that no further action shall be taken to progress the requested rezoning.

Currently, what can be done on non-urban land in the Cove up to 40 hectares is strictly limited. Camping by the owner - or the family of the owner - can be (in theory) permitted for up to 60 days per year. But some owners are finding that even occasional camping on their land is not viable. Vehicle access to many of these blocks has become impassable. The "roadways", some private, some owned by Council, are not gazetted and not maintained. Access to them from the public roads is often cut by deep, unformed drains.

These non-urban subdivisions date from 1919 and the 1920s. However most of the lots involved remained unsold until they were marketed in the 1980s and 1990s by developers who, it would seem, seriously misled purchasers. After paying rates for many years (even at the reduced level that Council now applies to these blocks) and being called upon from time to time to clear the undergrowth, many owners feel aggrieved that, for all their outlay, they get nothing in return.

While the strategic planning arguments of GLC and the NSW Government, that are referred to below, make good sense to long-term planners, they do not address the individual inequities and hardships encountered by many of the block owners who bought their lots years ago in good faith. Not surprisingly, significant numbers of them have given up in recent years and traded their land back to Council in lieu of rates.


Excerpt from 13 May Strategic Committee Agenda: Attachment A

7. Non-urban Land in North Arm Cove, Pindimar and surrounds

Rezoning Request

11 land owners have requested that their properties be rezoned to allow residential development

Submission in support

路 Land was purchased some years ago and it is time Council rezoned the area to allow for residential development.

路 Council charges rates over the land yet development is prohibited.

路 The State Government recently exhibited 'Planning for paper subdivisions - draft regulation and guideline', Council should now begin rezoning the area to release the paper subdivision sites and allow development.

Planning considerations

路 An investigation was undertaken by the Department of Planning in 2007 to identify the viability of potential urban development. The ensuing report identified that significant environmental and infrastructure constraints existed within the North Arm Cove locality.

路 The area is isolated from existing settlement areas and would require significant investment into public transport to service the population.

路 The provision of basic urban infrastructure (water, sewer, roads and drainage) would be cost prohibitive, costing approximately $160,000 per lot (mid-2000's).

路 The area is heavily vegetated with state significant vegetation communities (including 150ha of EEC comprising of several threatened species).

路 The Mid North Coast Regional Strategy (2009) identifies more adequate supply of unconstrained land for housing purposes in areas where infrastructure is more accessible and can be provided in a more cost effective manner.

路 NSW Planning and Infrastructure placed "Planning for paper subdivisions - draft regulation and guideline" on exhibition from 8 February 2012 until 9 March 2012. It relates only to paper subdivisions that have already been rezoned for residential purposes. The paper subdivisions located within the Great Lakes Local Government Area are not zoned for residential development therefore the draft guidelines and regulations cannot be applied.

路 The Local Government Act 1993 requires Council to levy rates on all land, except that land which is specifically exempt from rates as provided by the Act. Council has always been mindful of the limited use of land zoned non-urban and as such the lowest rate has been levied by Council. Income obtained from these rates form part of Council鈥檚 General Income and is used in accordance with budget determinations.

Recommendation

The North Arm Cove locality has numerous environmental and economic constraints. There is also a general lack of infrastructure (water and sewer) which makes the development of land within the area cost prohibitive. The area is also heavily vegetated and consists of several endangered environmental communities.

The Mid North Coast Regional Strategy recognises these constraints and states that more an adequate supply of unconstrained land stock exists which are more conducive to residential development in both environmental and economic terms.

Therefore given the resources required to progress this matter and the lack of adherence to existing strategic documents it is recommended that no further action on this rezoning request be taken at this time.

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