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P Age Mr Peter Bascomb Chief Executive Officer Snowy Monaro

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P Age Mr Peter Bascomb Chief Executive Officer Snowy Monaro Mr Peter Bascomb Chief Executive Officer Snowy Monaro Regional Council 81 Commissioner Street Cooma, NSW, 2630 By email: [email protected] 31 January, 2021 Dear Mr Bascomb RE: SNOWY MONARO REGIONAL COUNCIL – DRAFT RURAL LAND USE STRATEGY (DRLUS) and DRAFT SETTLEMENTS STRATEGY – SUBMISSION EXPRESSING SIGNFICANT CONCERNS I write to you to express my concerns and objection to the Draft Rural Land Use Strategy, as published on 19 October, 2020. My family and I have a long history with the Snowy Monaro region by way of the Monaro Pioneers. My Pop, Douglas Lesley Phillips, was born in Cooma and resided at Billilingra; his great Grandfather was Samuel Phillips, a Monaro Pioneer. I am also a descendant of the Cameron’s of Waterholes, Michelago and the Wallace’s of Adaminaby, Jindabyne and Kiandra. My husband is a descendant of the Williams’ of Nimmitabel, after whom Lake Williams is named. In 2016, my brother and I purchased 587 acres (237.9 hectares) on the Calabash Firetrail, approximately 25km from Michelago. Our property was once owned by members of the Tozer family who are connected to the Phillips’ by marriage, and who are connected to George Sims, another of the initial Monaro Pioneer settlers. The purchase of the property was made possible by bequest of my late grandfather. Ronald John Small was a veteran of the Second World War, where he was deployed as Military Police in New Guinea for 3 years. My grandfather was also a chicken and pig farmer for much of his life and he worked for the Department of Main Roads building much of the western Sydney road network, including the Old Putty Road and Parramatta Road. It was part of his final wishes that my brother and I, through our father, were provided with part of the proceeds from the sale of his home to purchase our own land. He wanted us to have a property we could farm, enjoy, live, and play. He provided so that we could pursue our dreams and be able to have a profitable small farm with plenty of room as our families grew. Even though we have personally only owned the property for 4 years, my father owned a property directly next door for some 20+ years. This property was previously part of a champion line Poll Hereford stud, owned by my brothers godfather for a number of years. My brother and I have been personally connected to the region for our entire lives. As we have only owned our property for a short time, through which we have faced extended drought and bushfire at the beginning of last year, we have been fixing problems with 1 | Page existing infrastructure, dealing with some erosion, controlling weeds and improving the land, and planning for the future. We have drafted agricultural production business plans, but they are strategic, long term plans. This proposal seriously limits our ability to implement any of our future plans. Not only does it increase our overheads with the requirements for additional Development Applications, due to the State Environmental Planning Policy (Exempt and Complying Development) 2008, the chances of those DA’s being approved are reduced. For example, did you know that E zones are not mentioned in Subdivision 21 Fowl and poultry houses, making them a development requiring approval? The implementation of vast areas of environmental protection zones also impacts on neighbouring properties allowable activities even if they retain an RU zone. Properties within 500 metres will now have restrictions imposed upon them. For example: temporary stock holding facilities following a natural disaster and poultry farms are not allowed within 500 metres of an environmental protection zone, and the keeping or breeding of horses, cattle or sheep for commercial purposes, as defined by intensive livestock agriculture, are not allowed in environmental protection zones or RU2 – Rural Landscape. The Strategy explicitly prohibits some of our future plans which are currently allowable and were at the time of deciding to purchase our property. We will have to submit a development application for our horticultural business as it is proposed to be listed as permitted with consent compared to permitted without consent currently under RU1 – Primary Production. It removes our access to critical aspects of the State Environment Planning Policy (Primary Production and Rural Development) 2019. It affects our ability to utilise newly legislated bushfire protections (Bushfires Legislation Amendment Bill 2020), and will likely exclude us from future bushfire protections resulting from the Bushfire Inquiry. Our environmental protection and rehabilitation works will no longer be accessible with the exclusion of environmental protection zones from Part 5A Land Management (native vegetation) of the Local Land Services Act 2013. Something which might be of interest to you is the outcome of our recent Native Vegetation Regulatory Map review process through the Office of Environment and Heritage. A significant portion of our land was mapped as old- growth forest. Following discussions with South East Local Land Services (SELLS) and Office of Environment and Heritage (OEH) they advised that we should initiate a map review due to proven issues with the mapping. It was a result of this review that more than 95% of our mapped Category 2 – sensitive regulated land was removed and has confirmed that there are substantial deficiencies with the mapping. Other properties neighbouring ours are currently undergoing the same review process. Conclusions could be drawn about other consequential flaws of the mapping used to justify the implementation of the environmental protection zones. It was an outcome of the Northern Councils E Zone Review – Final Recommendations Report that matters of public health, safety, risk and hazard, biodiversity corridors and aesthetic values not be zoned as environmental. The safety, risk and hazard recommendation relates to bushfire risks, which forms an integral justification to the proposed re-zoning of properties to an environmental protection zone. The review makes 2 | Page specific mention of the need for biodiversity field inspections and ground surveys to be conducted by an appropriately qualified person prior to any proposal for an environmental protection zone. It also states that land which has been voluntarily revegetated by the current landowner, will not have an E-zone applied to it without the agreement of the current landowner. Even if land meets the criteria for an E-zone, if the primary use of the land is agricultural, the land is not to be rezoned as an E-zone. The Review states that aesthetic values should not be environmental protection zone’s because the definition of what constitutes an aesthetic value is subjective and often varies between areas; for example: farm cropping can be aesthetically pleasing, much like buildings can. The Practice Note – Environment Protection Zones (PN09-002) states that councils must ensure that zoning is applied consistently to ensure that the zones value is not diminished by inappropriate application. The justification that Council have used to protect aesthetic values, endangered or threatened ecological communities, high biodiversity areas and for high bushfire prone areas introduce substantial inconsistency. The environmental protection zones do not cover all areas of mapped with endangered or threatened ecological communities. They do not cover the high bushfire prone grasslands or all woodlands of the Monaro; nor do they protect all of aesthetic values of the region. There is no consistency with the number mapped value layers that constitute the use of an environmental protection zone. There are areas of proposed environmental protection zone where only one mapped value is used as justification, while others, which aren’t proposed to be zoned environmental, have many. It is this same Practice Note that points to the Land Acquisition (Just Terms Compensation) Act 1991 and requires councils to consider its’ potential impacts if councils are to significantly reduce the allowable uses when applying any environmental protection zone. Councils are also required to ensure that the range of proposed land uses assists in retaining the land in private ownership, unless an acquisition authority has been nominated. Council could be at consequential risk of enacting this Act should it constrain the ability of landowners and farmers land use rights. The proposal seeks to devalue our asset. It stops us from being able to access some disaster assistance if the current eligibility criteria remain for future incidents. At their core, the Strategies, present a significant risk to our futures. Not only is it our future, it risks the future of the Snowy Monaro Region. The significant increases in minimum lot size (MLS) reduces the potential settlement options for future expansion of the region. It limits development potential to provide for succession planning for our regions farms – the food and fibre producers. It means our aging farmers will be unable to stay on their own land with family because of the removal of the averaging provisions or dual occupancies. And it doesn’t allow for innovative, sustainable and emerging smaller scale farming which could make the Snowy Monaro a leader in the industry. They do not meet or address all of the goals, strategies or recommendations of the State, Regional and Local plans or strategies. (Attachment A - Connection to State, Regional and Local Plans and Strategies) It removes the ability of many existing landholders from being able to develop on their properties for the purposes of residing and investing in the region. It is proposed that there be no existing holding provision for the former Cooma-Monaro or Bombala Shires. The DRLUS strategy states that existing holdings were provided with a ‘sunset’ clause which 3 | Page expired in 2017, however this was not communicated effectively to those landholders affected by the end of this clause. Many have only just found out they have lost their entitlement to build a dwelling.
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