Item: D1 Subject: Rezoning of Follyfoot Farm Precinct, South Forster

Item:
Subject:
Index:
Author:
D1
Rezoning of Follyfoot Farm Precinct, South Forster.
SP-LEP-46. Land use Planning/Rezoning/Follyfoot Farm
Release Area Manager: Roger Busby
SUMMARY OF REPORT:
This report follows on from a briefing of the Strategic Committee on 14 August 2007. The report addresses
the rezoning of the Follyfoot Farm Precinct as identified in the Forster/Tuncurry Conservation and
Development Strategy. The main issues are:
• Flooding and water quality management.
• Habitat for threatened species and presence of threatened species.
• Presence of an Endangered Ecological Community.
• Presence of a subsurface Aboriginal midden.
• High water table and some geotechnical instability.
• Relationship with approved tourist facility on property immediately to the west.
• Residential densities to be applied.
SUMMARY OF RECOMMENDATION:
It is recommended that:
A.
Council rezone the Follyfoot Farm precinct generally in accordance with the Principles Plan contained
in Annexure "E" to Item D1 of the Business Paper to the Council meeting of 25 September 2007.
B.
Council consult the Hunter Central Rivers Catchment Management Authority on the proposed rezoning
as set out in Recommendation A.
C.
The rezoning be incorporated in the new Great Lakes Principle LEP if there are no objections from the
Catchment Management Authority.
D.
A Development Control Plan be prepared, incorporating the principles the out in the report, to guide the
future development of the land.
FINANCIAL/RESOURCE IMPLICATIONS:
The rezoning can be accommodated in the Release Area program on a “user-pays” basis.
POLICY IMPLICATIONS:
The rezoning will establish Council's broad policy position on the future development of the land.
LEGAL IMPLICATIONS:
Nil.
LIST OF ANNEXURES:
“A” - Extent of Flooding of the Land
"B" - Concept for Widening of Dunns Creek
"C" - Aboriginal Midden
"D" - Options for Management of Aboriginal Midden
"E" - Principles Plan Upon Which to Base LEP
SUBJECT SITE
BACKGROUND
Rezoning Investigations - Follyfoot Farm
At the Strategic Committee meeting that was held on 14 August 2007, a briefing was given on the issues
associated with the rezoning of the Follyfoot Farm precinct at South Forster.
The Follyfoot Farm precinct was identified in the Forster/Tuncurry Conservation and Development Strategy
(CDS) as a future release area. Council adopted the CDS in 2003 and in 2004 Council formally resolved to
commence the rezoning process for the land.
The Follyfoot Farm investigation area comprises approximately 30 hectares of land adjacent to the urban
zones of South Forster. The land has frontage to The Lakes Way and Tea Tree Road and Wallis Lake is
about 200m to the west. Lot 3 DP 548504 separates the study area from the lake. A tourist facility was
approved by Council on Lot 3 in 1992 and this development has commenced in the terms of the
Environmental Planning and Assessment Act, 1979. Commencement means that the development may be
completed.
There are eight (8) individual properties within the study area, the largest of which is 23ha. The remaining
seven (7) properties are large residential sized lots in private ownership. Apart from dwellings on the seven
(7) residential sized lots and a dwelling and sheds on the 23ha lot, the land is undeveloped.
Dunns Creek, which is partly tidal, flows through the study area from north east to south west. This is the
main water course to drain stormwater from the central South Forster release area. The creek enters the land
via culverts under The Lakes Way and exits to the property to the west. It then discharges into the part of
Wallis Lake known as Pipers Bay.
The Study area is relatively flat with a fall of about two (2) metres from east to west over a distance of some
440 metres.
Numerous investigations have been completed for the land since Council's decisions to commence the
zoning process in 2004. As a result of these investigations, some issues have been identified and an inprinciple decision is now required from Council as to the direction to be taken with the rezoning.
Once Council makes some in-principle decisions, the rezoning should be able to be included in the new
Principle LEP that is being prepared for Great Lakes.
Flooding and Water Quality
Council engaged consultants, GHD Pty Ltd, to prepare a Flooding and Water Quality Management Strategy
for the Follyfoot Farm precinct. The following are the main findings from this study.
Flood Management Works
The GHD study found that due to the substantial flooding from both Wallis Lake and Dunns Creek, that filling
of much of the land will be required along with the widening of Dunns Creek. The figure in Annexure "A"
shows the extent of flooding from Wallis Lake and Dunns Creek. To accommodate the peak flood flows, the
creek will have to be widened to about 70m. This width is required if the maximum lot yield is to be obtained
from the development of the land. If the development area is reduced, the creek widening can also be
reduced. Presently the creek and its associated bank side vegetation is about 15m wide. The intention is for
the widened Dunns Creek corridor to become a rehabilitated riparian corridor as required by the then
Department of Natural Resources. The Department has advised that the widening of the creek is only
acceptable if it is rehabilitated.
A concept for the widening of the creek allows for the preservation of as much of the existing riparian
vegetation as possible. This can be achieved, where feasible, by leaving the vegetation on the low bank
sections of the creek intact, as well as some islands around the upper bank vegetation. The widening concept
is shown in Annexure "B".
Greenhouse Conditions and Sea Level Rise
The Flooding and Water Quality Management Strategy has allowed for a sea level rise (SLR) of 0.35m over
50 years. More recent advice from conferences is that Councils', when doing their planning, should allow for a
SLR of approximately 1.0m over 100 years. Given the uncertainty surrounding this issue, it would be
premature to exclude land from residential zones solely because of the impact of SLR. This does not mean
that Council should ignore the issue; rather it should factor in a reasonable figure that is available at the time.
The final decision as to whether the land can be developed should be based on the information available at
the time a development application is lodged.
In the case of Follyfoot Farm the figure applied in the GHD study may be lower than current predictions.
However, the decision as to how much of the land can be developed will depend on the predictions at the
time of the development application and the costs associated with raising the land to the predicted level if the
level is different to that used in the rezoning studies.
A Development Control Plan will be required for the Follyfoot Farm precinct. In the DCP, reference should be
made to the need for any development to meet the current predictions for SLR.
Water Quality Management Facilities and Land Owned by Hooper
The Flood and Drainage Study has also found that substantial artificial wetlands will be required to ensure
that there is no deterioration of water quality in Wallis Lake from the urban development of the Follyfoot Farm
precinct. Logically, these basins should be located in the lowest part of the study area which is towards the
west. The difficulty with this is that there is a high water table in this area which means that these basins, to
be effective, will have to be partly located within fill. This is because the basins cannot intercept the ground
water as this would diminish their detention capacity. This would also allow for captured pollutants to enter the
ground water and to then migrate to Wallis Lake. An option is for the base of the basins to be sealed.
The GHD Flooding and Water Quality Management Strategy included a preferred conceptual development
strategy. Included in the concept are two wetlands/detention basins; one on either side of the creek. In his
submission to the South Forster Structure Plan, Mr Hooper expressed concern that nearly all of his land had
been shown as occupied by the basin. Council, in considering Mr Hooper's submission, resolved that this
detention basin be deleted from the concept plan and replaced with a notation on the plan stating that water
management basins will be required to achieve Council’s water quality objectives and engineering standards.
Options, other than those suggested by GHD, are available for water quality management. The final location
and size of the basins will be determined by the extent to which the landowners in the rezoned area work
cooperatively and the engineering costs associated with each option. Grassed swales and on-lot water
treatment beds will reduce the size of the artificial wetlands. There are, however, management and
community acceptability issues associated with these other options. These issues will have be resolved if
these options are to be pursued.
Since the completion of the Flooding Assessment and Water Quality Management Strategy an Aboriginal
Heritage Assessment has been completed for the study area. Depending on Council's position, the findings of
the Aboriginal Assessment could have implications for the drainage strategy.
Filling Required
Based on the full development scenario and widening of Dunns Creek and assuming that the artificial
wetlands will be located at the lowest parts of the land, the amount of fill required will range from 0.5m near
The Lakes Way to approximately 1.0m to 1.5m over the western part of the land.
Relationship of Follyfoot Farm to Approved and Commenced Downstream Tourist Facility
In September 1992, Council granted development consent to tourist facility on the land immediately to the
west of the Follyfoot Farm precinct. The facility included a building containing 24 motel units, a
receptionist/entertainment building, restaurant, 40 x 2 bedroom self-contained cabins and associated
facilities. An existing lagoon which discharges to the Pipers Bay area of Wallis Lake is the focus for the
development. All units are located around the perimeter of the lagoon.
Dunns Creek, after draining through Follyfoot Farm, enters the head of the lagoon on Lot 3 DP548504.
Included in the approval was a bridge spanning Dunns Creek. In 1997, the bridge across the creek was
constructed and this has since been recognised by Council as constituting physical commencement of the
development. Since this time, the site has been cleared and partially filled.
The main issue is that at present the tourist development does not provide for the same widened corridor that
will be required for the full development of Follyfoot Farm (70m). The approved development includes a 40m
wide drainage path. GHD indicate that particular attention will have to be given to the transition between the
proposed creek widening on Follyfoot Farm and the proposed 40m wide drainage path for the tourist facility.
They conclude that if the Follyfoot Farm site is to be developed in accordance the maximum development
scenario, there should be sufficient floodway through the two properties to convey large floods.
GHD has also provided some indication of the impact of the approved tourist facility upon Follyfoot Farm
using the current flood modeling (as opposed to the modeling used in 1997 for the tourist facility). They
indicate that there would be some minor increase in flooding and this would translate into additional fill on
Follyfoot Farm if the lower western parts of the site are developed.
The consequence of this is that there can be no certainty as to the extent of development of Follyfoot Farm
until it is known what is going to happen with the Boomerang Cove development.
If Council is prepared to accept that the flooding and drainage can be resolved by the works proposed on
Follyfoot Farm then sufficient information is now available to broadly rezone this area. The ultimate layout and
amount of development will be determined when Council knows what is going to happen with the tourist
facility. It will also depend on whether Follyfoot Farm and the tourist facility are willing to coordinate their
drainage strategies.
A Development Control Plan will be essential if the land is to be rezoned before a detailed and coordinated
flooding and drainage strategy is finalised. The DCP will have to state the water quality objectives that are to
be met and the principles that are to be incorporated into the more detailed drainage design.
Aboriginal Heritage
In 2005 Council engaged Archaeological Surveys and Reports Pty Ltd (ASR) in conjunction with the Forster
Local Aboriginal Land Council to undertake an Aboriginal heritage assessment of the land. This investigation
identified a Potential Archaeological Deposit (PAD) running in a north west to south east direction across
Dunns Creek approximately 100m from the western boundary. The location of the PAD is shown in Annexure
"C".
Once the PAD was identified, further work to ascertain whether it was in fact a cultural midden had to be
undertaken. This could only be done once a permit to allow exploratory excavation had been obtained from
the Department of Environment and Climate Change. After some 18 months a permit was issued by the
Department and the further exploration was undertaken in May of this year.
The investigations concluded that the PAD is a subsurface Aboriginal midden. Council must now decide how
this midden is to be managed. To assist Council with this decision ASR, in consultation with the Forster Local
Aboriginal land Council, outlined six (6) options. These options are set out in full in Annexure "D".
ASR has advised that whilst the complete destruction of the midden is an option, they do not believe that the
requisite consent by the FLALC would be forthcoming for such action.
In summary, the option preferred by FLALC and ASR is as follows. This option represents responsible
management of a significant Aboriginal site whilst allowing for a reasonable level of development:
• Preserve the midden on the southern side of the creek but accept that development can occur on the
northern side.
• Ensure that a buffer of no less than 30m is provided around the preserved midden.
• Undertake subsurface investigations of the part of the midden on the northern side of the creek after
obtaining a permit from DECC.
There are other constraints part of the study area and it would make sense that with this further constraint of
a midden that this are be excluded from an urban zone. The other constraints are:
• Habitat for threatened species and recorded threatened fauna.
• Presence of Endangered Ecological Communities (EECs)
• Potential for regeneration of EECs.
• Flooding and water logging.
• Geotechnical instability.
• Presence of nature vegetation.
If this area is excluded, then a revised flooding and stormwater management strategy will have to be
prepared to Council's requirements. This is mainly because the widening of Dunns Creek will have to be
realigned to avoid the midden on the southern side of the creek.
Fauna, Flora and Vegetation
The vegetated area nearer the southern boundary is habitat for threatened species and also contains an
Endangered Ecological Community listed under the Threatened Species Conservation Act. This vegetated
area comprises part of a habitat node that is more broadly spread over the property to the south and on land
to the east on the opposite side of The Lakes Way. No development should be permitted within this area and
it should be ascribed an environmental protection zone.
The Hunter Central Rivers Catchment Management Authority has not as yet been consulted on the draft LEP.
This is because at the time agency consultations were undertaken the CMA had only just been formed and
their role in the rezoning process was unclear. When they have commented on other rezonings they have
indicated that they would expect a full assessment of the conservation value of the vegetation communities
and an assessment of how any clearing following the rezoning would "improve or maintain environmental
outcomes". For example, they would want to see what offsets are proposed to mitigate against the impacts of
clearing.
In the case of the Seven Mile rezoning the Department of Planning required Council to demonstrate how the
"improve or maintain" test would be met before they supported the rezoning.
It can therefore be expected that the CMA and Department of Planning will require Council to incorporate
offsets into the LEP for Follyfoot Farm if existing vegetation is to be zoned for urban purposes. The most
obvious offsets will be the application of environmental protection zones to vegetated areas and rehabilitation
(natural or assisted) of modified or degraded areas. The extent of the offsets will depend on the amount of
native vegetation to be removed.
Soil Conditions
Soil types in the western parts of the study area would be considered as unsuitable for development without
excavation, filling and possibly stabilisation works. The parts of the site where the underlying soils are wet or
demonstrate moisture sensitive silty sands will require stabilisation works and an extended time for settlement
after the placement of fill.
Potential acid sulfate soils have been identified below the groundwater level over the lower parts of the study
area. Any excavation below this level, such as for the construction of the water quality management basins,
will therefore require the preparation and approval by Council, of an acid sulfate soils management plan.
What Residential Zones to Apply to the Land?
Some of the study area should also be zoned for medium density residential development. This is because
better use needs to be made of the limited supply of land in the Forster/Tuncurry region and to provide
greater diversity in housing forms and affordability.
A range of services and facilities are, and will be available nearby including school, neighbourhood shopping
centre and open space. Proximity to such facilities enhances the suitability of part of the study area for
medium density residential purposes. The Forster/Tuncurry Housing Strategy recognised this opportunity and
nominated about 7ha for medium density development between the main access road entering the site from
The Lakes Way and the creek. Such a location will benefit from the enhanced amenity afforded by the creek
and will also use the access road, which would extend through to Tea Tree Road, to delineate the zone
boundary.
How to Proceed with the Rezoning?
At a meeting between Council staff and the Department of Planning on Council's Strategic Planning work
program in March of this year the Department advised that one of its main requirements is for "spot"
rezonings, where possible, to be incorporated into the new Great Lakes Principle LEP. Given Council's
timeframe for the comprehensive LEP (draft adopted for s65 certification by end 2007) the Follyfoot Farm is
one such LEP where this can occur.
It is therefore recommended that Council, if it supports the rezoning of the land, include it in the Great Lakes
Comprehensive LEP.
Conclusion
This investigations for the Follyfoot Farm precinct have identified a development envelope for the site of about
23ha, taking into account the constraints to development. An environmental protection zone should be
applied to much of the vegetated area in the south west of the study area. This environmental protection zone
would assist with the treatment of urban runoff, preserve the habitat of threatened species, and protect
endangered vegetation communities.
The midden and a 30m wide buffer on the southern side of the creek should not be identified for residential
development. It is possible that some of the cleared land around the midden could be used for water
management facilities provided there is no disturbance to the midden.
The use of part of this area for water management facilities along with the establishment of a coastal
floodplan vegetation community would be an appropriate outcome for this area.
To make it clear that this part of the site is available only for water management purposes, whilst protecting
the midden, will necessitate the application of an appropriate zone from the Model LEP. This may be an
environmental management zone or special purposes zone but the final zone will not become clear until
further progress is made with the new Principle LEP for Great Lakes.
Generally the site constraints progressively become more significant from east to west. This is because the
interaction between geotechnical, flooding, tidal, ground water and water quality management issues become
more complex closer to Wallis Lake. Being so close to Wallis Lake it will be essential that stormwater from
future urban development on the land is effectively managed and treated before discharge.
Any development in the more constrained parts of the site will be based on the cost of meeting Council’s
engineering and environmental performance requirements at the time. Nearer The Lakes Way the land is
highly suitable for development and can be undertaken relatively easily.
If developed to its maximum potential the study area could contribute 250 - 300 dwellings to the Forster
housing supply.
Overall, the proximity of the "Follyfoot" Farm study area to the existing South Forster urban area and the
availability of services and infrastructure make it suitable to urban development. Economic efficiencies are
afforded to the community by progressive expansion of the town's boundaries because services to not have
to extended over long "unproductive" distances. More "liveable" communities also result from the siting of
growth areas close to services and facilities, such as schools, open space and neighbourhood shopping
opportunities. All of these are available within a distance of 1km from the study area.
After taking into account the limited supply of land suitable for urban development, as identified in the
Forster/Tuncurry Conservation and Development Strategy, it is reasonable to try to maximise development
yields in those areas where development will not result in long-term loss of habitat or unacceptable
environmental impacts. Development of the "Follyfoot Farm" precinct will not have these impacts if Council's
engineering and environmental performance standards are met.
In summary, the development of the Follyfoot Farm precinct should incorporate the following principles:
• Low and medium density residential development. The medium density should be located in the part of the
study area closer to services and facilities needed by the future residents and should be focused upon
central facilities, such as open space.
• Any widening and/or realignment of Dunns Creek is to result in the re-creation of a natural riparian corridor
to the satisfaction of relevant Government Agencies.
• The provision of pedestrian, cyclist and road networks to allow for efficient movements within the study
area and which also provide for ease of movement to and from the study area. The widening and
enhancement of the Dunns Creel corridor affords an opportunity for the lower section of, what could be
termed “The Wallis Path”, to be constructed as part of a much longer walking trail between Cape Hawke
and Wallis Lake.
• Constructed wetlands to ensure that urban runoff is collected and treated to a satisfactory standard before
discharge to Wallis Lake. A requirement for no net increase in pollutants entering Wallis Lake will apply.
• The provision of a neighbourhood park of about 2,000m2 in a central location. This could act a focus for the
medium density development.
• An environmental protection zone over the treed part of the study area that is important habitat, contains
Endangered Ecological Communities and the most significant vegetation. This should afford a reasonable
offset as likely to be required by the CMA.
• The provision of perimeter roads to separate areas of bush fire hazard from residential development.
These roads will have the dual purpose of contributing to the requisite Bush Fire Asset protection Zones
and afford ease of access for fire fighting purposes.
• There is to be no adverse impact upon the approved tourist facility downstream on lot 3 DP 548504.
• Development of Follyfoot Farm will have to take into account the effect, if any, from the completion of the
tourist facility on Lot 3 DP 548504.
• Extensive acid sulfate soil investigations will be required and acid sulfate soil management plans will be
required where development will interfere with such soils.
• Protection of the Aboriginal midden on the southern side of Dunns Creek and the opportunity to use the
cleared area around the midden for water management facilities provided there is no impact upon the
midden. Remaining land around the midden and water management facilities should be revegetated with
appropriate coastal species.
• Exclusion of the poorest quality land for development in the south western part of the site.
• Any development is to meet the predictions for sea level rise at the time.
The above principles, where not part of the LEP, can be contained in a comprehensive Development Control
Plan for the land.
The Principles Plan contained in Annexure “E” is based on the above principles.
It is therefore recommended that Council proceed with the rezoning of the Follyfoot Farm precinct as shown
in the Principles Plan in Annexure "E". The rezoning should be included in the new Great Lakes Principle
LEP.
RECOMMENDATION: DIRECTOR PLANNING & ENVIRONMENTAL SERVICES
It is recommended that:
A.
Council rezone the Follyfoot Farm precinct generally in accordance with the Principles Plan contained
in Annexure "E" to Item D1 of the Business Paper to the Council meeting of 25 September 2007.
B.
Council consult the Hunter Central Rivers Catchment Management Authority on the proposed rezoning
as set out in Recommendation A.
C.
The rezoning be incorporated in the new Great Lakes Principle LEP if there are no objections from the
Catchment Management Authority.
D.
A Development Control Plan be prepared, incorporating the principles the out in the report, to guide the
future development of the land.
ANNEXURE “ A ”
ANNEXURE “ B ”
ANNEXURE “ C ”
ANNEXURE “ D ”
ANNEXURE “ D ”
ANNEXURE “ D ”
ANNEXURE “ D ”
ANNEXURE “E ”