FAQs

A LHS is a document prepared by a council which addresses strategic planning issues relating to the future housing needs within a local government area.

Clarence Valley Council’s draft LHS has been prepared to respond to the priorities of the Clarence Valley, to ensure that housing in the Clarence Valley is:

• appropriately located, to reduce the risk of natural hazards, optimise the use of existing infrastructure, and minimise environmental and amenity impacts.
• designed to be consistent with the desired character of the area, ecologically sustainable and resilient to natural hazards.
• diverse, affordable and adaptable to respond to the diverse demographics of our community, including young people, key workers, seniors, and particular groups in need.

It has been developed using up to date demographic data to identify the changing housing needs of our community over the short, medium and long-term. The LHS aims to guide growth and provide a framework to deliver the right amount and types of housing in the right locations over the next 20 years.

The final adopted LHS will supersede Council’s Clarence Valley Settlement Strategy (1999) and the Maclean Urban Catchment Local Growth Management Strategy 2011 which were developed in accordance with the principles of the regional planning framework of the time.

NSW councils are required to prepare Local Housing Strategies in accordance with the previous Department of Planning and Environment’s Local Housing Strategy Guideline 2018 and North Coast Settlement Planning Guidelines 2019. A LHS must also align with the objectives and strategies of the North Coast Regional Plan 2041, notably that housing strategies must prioritise new infill development to assist in meeting the region’s overall 40% multi-dwelling / small lot housing target…” which also assist in implementing Council’s Local Strategic Planning Statement.

Council was successful in obtaining funding through round one of the NSW Government’s Regional Strategic Housing Fund. Consultants HillPDA and Mecone were contracted to draft the LHS, which was developed in collaboration with local industry representatives, government agencies, community housing providers and other stakeholders involved with housing delivery in the Clarence Valley.

Council exhibited the draft LHS from 27 October to 22 December 2023.

Council received the following submissions during the exhibition period:

• seven (7) NSW Government agency submissions;
• one (1) non-government organisation submission;
• 873 community submissions including:
  1. 370 written submissions, and
  2. 503 signed proformas
     • 306 signed proformas regarding Iluka Planning Interventions
     • 197 signed proformas regarding Yamba Planning Interventions

There were strong objections for the proposed planning interventions for Iluka, Yamba Hill and Yamba CBD and the proposal to prohibit “dwelling houses” (single detached dwellings) in the R3 Medium Density Residential zone.

The following key concerns were raised regarding the planning interventions that proposed an increase in allowable building height in Yamba Hill, Yamba CBD and Iluka; and a change to the land use zone from R2 Low Density Residential to R3 Medium Density Residential in Yamba Hill and Iluka:

• potential impacts to the existing local character and amenity;
• capacity of road, sewer, water, and other infrastructure to meet increased density;
• lack of adequate health, medical and other services to meet increased population;
• flood and stormwater impacts to existing properties;
• negative socio-economic impacts;
• impacts of increased opportunity for short-term-rental-accommodation;
• privacy and overshadowing impacts with increased height of buildings;
• environmental and ecological impacts; and
• accumulated emergency evacuation management requirements

Council has carefully considered each submission and the following changes have been made to the draft LHS:

• Removing the proposed building height increase in two intervention areas in Yamba CBD, Yamba Hill and in Iluka Village.
• The original draft LHS proposed to prohibit dwelling houses in the R3 zone, however this has now been removed.
• Inclusion of trigger points that outline what needs to occur before changes to the planning controls progress allowing development permitted under the new controls. This improves clarity for community members and developers.
• Inclusion of further investigation requirements to inform a planning proposal that proposes to amend the LEP, such as rezoning.
• Inclusion of the James Creek Future Investigation Area as a Planning Intervention to align with the North Coast Regional Plan 2041.
• Inclusion of Palmers Island Rural Residential land as a Planning Intervention.

The proposed R3 Medium Density Residential zone for Yamba Hill and Iluka has been retained to permit a greater diversity of housing types, which are currently prohibited in the R2 Low Density Residential zone. The proposed land use zone for Iluka however has included R1 General Residential zone which permits similar housing types as the R3 zone however at lower density. The appropriate zone will be determined by local character statements and future investigations.

Importantly, any proposed changes to zoning as detailed in the draft LHS are subject to the full requirements of a Planning Proposal. See ‘What is the process to implement the Planning Interventions?’ below.

The R2 Low Density Residential zone permits the following housing types:

• dwelling houses - means a building containing only one dwelling.
• dual occupancies - means 2 dwellings on one lot of land that are either (attached) or (detached) to each other, but does not include a secondary dwelling.
• secondary dwellings - means a self-contained dwelling that—
  1. is established in conjunction with another dwelling (the principal dwelling), and
  2. is on the same lot of land as the principal dwelling, and
  3. is located within, or is attached to, or is separate from, the principal dwelling.
  4. the total floor area of the dwelling, excluding any area used for parking, must not exceed whichever of the following is the greater—
     • 60 square metres,
     • 18% of the total floor area of the principal dwelling

The R3 Medium Density Residential zone permits more types of housing (housing diversity) than the R2 zone. The above housing types are permitted in addition to the below housing types, which are prohibited in the R2 zone:

• attached dwellings - means a building containing 3 or more dwellings, where—
  1. each dwelling is attached to another dwelling by a common wall, and
  2. each of the dwellings is on its own lot of land, and
  3. none of the dwellings is located above any part of another dwelling.
• multi-dwelling housing - means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.
• residential flat buildings - means a building containing 3 or more dwellings, but does not include an attached dwelling, co-living housing or multi dwelling housing.

Council’s Residential zones Development Control Plan (DCP) has additional controls that need to be considered for all development in these zones. Some of the controls such as setbacks, landscaped area and open space differ between the zones, which enable higher density development to occur in the R3 zone.

The R1 General Residential zone also permits the above dwelling types, however also permits shop-top housing. The DCP controls for this zone are similar to the R2 zone.

Dwelling houses (detached, stand alone houses) are permitted in all residential zones.

R2 Low Density Residential housing types

The following images provide an example of the housing types permitted in the R2 Low Density Residential, in addition to dwelling houses.

Dual occupancy – dual occupancies can be attached or detached. Attached dual occupancies are two dwellings attached by a common wall. Detached dual occupancies are two stand alone dwellings on the same lot.

Secondary dwelling­ – a small self-contained dwelling with an area of no greater than 60m². These may be attached to a primary dwelling or detached.

R3 Medium Density Residential housing types

In addition to the above, the following housing types are permitted in the R3 Medium Density zone:

Residential flat buildings – Also known as low-rise apartments. The number of storeys is limit by the building height restrictions in the Local Environmental Plan. 

Attached dwellings –  also known as townhouses, is three or more houses attached by common walls. These are usually two storeys but are sometimes three storeys.

A local character statement is a document that describes the existing and desired future character of an area. They are based on existing and future community need and will inform the objectives, standards and local planning controls that guide future development. They consider the community’s preferences for how an area could develop over time while retaining its unique character.

The amended draft LHS is being re-exhibited to allow the community the opportunity to review the changes prior to final adoption later this year.

Council will consider any submissions received regarding the amendments to the draft LHS prior to adopting a final LHS. The LHS then will be sent to the Department of Planning, Housing and Infrastructure for endorsement.

Submissions close on Monday 23 September 2024.

The LHS includes an implementation and delivery plan at section 4, which summarises the priorities and actions outlined under Section 3.1 and provides an indication of the timeframe in which Council will implement each of these. It also includes commentary on the rationale for including each action and indicates the party responsible for its implementation.

The implementation and delivery plan provides guidance and more certainty for the community, landowners, developers and Council regarding proposed changes to Council’s planning frameworks and prioritisation for where and when housing will be delivered within the Clarence Valley.

Community engagement and public exhibition will be undertaken as part of implementation of the LHS and will inform the development of local character statements for key planning intervention areas; changes to Council’s planning framework such as Clarence Valley Local Environmental Plan 2011, Contributions Plan and Development Control Plans; and the preparation of an Affordable Housing Contributions Scheme if feasible in our LGA.

The draft LHS has been amended to include trigger points that need to be met prior to changing any planning controls in the intervention areas. Each intervention area has different trigger points and existing centres require the preparation of local character statements to provide greater clarity on appropriate changes in the intervention area. Community consultation will be undertaken to inform the character statements.

A planning proposal is required for any changes to the land zoning, height of building or minimum lot size provisions under a local environmental plan (LEP). The NSW Government’s Local Environmental Plan Making Guideline details the process and requirements for planning proposals. Further information regarding the LEP Making process can be viewed on the NSW Governments Planning Website: https://www.planning.nsw.gov.au/plans-for-your-area/local-planning-and-zoning/making-and-amending-leps

Planning proposals require appropriate studies and assessments to ensure any proposed LEP amendments address and consider potential impacts to the existing community, development, and the environment and provide adequate justification and consistency with relevant state, regional and local planning policy. 

It is a requirement to publicly exhibit any planning proposal that proposes to amend the LEP, to allow the community the opportunity to provide feedback on the proposal.

• Our Local Government Area has a number of urban release areas located in Junction Hill, Clarenza, Gulmarrad, West Yamba and James Creek which will deliver the majority of housing to meet our community needs over the next 20 years.
• There is also development capacity in existing urban areas. Therefore, there is theoretically enough residential zoned land in our local government area to accommodate the forecast population growth over the following 20 years and no requirement for new urban investigation areas in the short to medium term.
• Several localities within our central business districts or close to existing centres are identified for proposed “planning intervention” opportunities to amend the current planning controls such as zoning and height of buildings to assist Council meeting the North Coast regional Plan “overall 40% multi-dwelling / small lot housing target”.
• The proposed changes to land use zones allows for more diverse dwelling types under the proposed zone when developing vacant land or redeveloping the land, however all new development will be required to meet other controls under Council’s planning framework.
• These proposed changes will not impact existing uses. Privately owned buildings will not be removed or altered by Council in response to the LHS.
• Precinct plans or masterplans and character statements will be developed in consultation with the community for all intervention locations, which will consider place making principles, desired future character and other environmental factors.
• Housing is currently primarily being delivered in the form of large detached 3-4 bedroom homes, the lack of smaller homes means one or two person households have few housing options. There is a need for more accessible, affordable and diverse housing, including smaller homes to house students and one or two person households, key workers and older residents close to town centres and services, however the market alone will not adequately deliver this housing product.
• Council has limited capacity to deliver smaller, diverse and affordable housing. Changes to planning controls such as zoning, height of buildings and other development controls such as parking, open space and set back requirements may facilitate delivery of diverse housing types, however this is still influenced by the market.
• Short term rental accommodation within our coastal villages is impacting housing availability and affordability.

The follow provides a snapshot of the population and housing demographics of the Clarence Valley. Which Indicates that there is a need for a greater supply of diverse, smaller and affordable housing options to meet the changing needs of our community by 2041.

Demographic Profile

Housing Profile