There has been much discussion around Tuross Head with a petition circulated and rumours running amok that Council is proposing to rezone and THEN SELL the Kyla Grazing lots. Wanting to seek clarity Councillor Anthony Mayne put a Question on Notice The following question on notice was received from Councillor Anthony Mayne: Question The Kyla Park grazing lands, border Hector McWillaim Drive, Tuross, have been identified as an area of cultural significance. Council has previously worked with the Tuross community through consultations and public meetings to identify best practice for the management of this land. There is a level of concern within the Tuross community that the proposed amendments to the draft rural lands strategy may change the possible uses to this area in question. To address these concerns, what impact will the proposed changes to the zoning of Kyla Park in the LEP have on its potential use? Will the proposal to change and rezone Kyla Park Heritage Grazing Lots to RU1 Open Use result in any actual difference to how the land area can be used? Response Kyla Park Grazing Lands The Kyla Park Grazing Lands were deferred from Eurobodalla Local Environmental Plan 2012 (ELEP 2012) and therefore retain their existing zoning of part 1(a) Rural Environmental Constraints and Agriculture and part 1(c) Rural Small Holdings under the Rural Local Environmental Plan 1987 (Rural LEP 1987), (see Map 2 in Attachment 1 Page 13 to 15).
The Rural 1(c) zone permits subdivision of the land to 2ha lots. No subdivision is permitted on the parts zoned Rural 1(a). Under the Rural Land Strategy (RLS) planning proposal the Kyla Park Grazing Lands are proposed to be rezoned to RU1 Primary Production with the larger lots having a minimum lot size of 100ha and the smaller lots having a minimum lot size of 20ha. Given that all of the lots are already smaller than the proposed minimum lot sizes, this proposal will have the effect of preventing any subdivision of the lots. The proposed RU1 zone is considered to be the closest zone to the existing 1(a) zone and the most appropriate zone to support the primary existing use of grazing. The exception is a small area proposed to be zoned RE1 Public Recreation in recognition of its current use as part of the Kyla Park Recreation Area. The current heritage listing of the Kyla Park Grazing Lands in the Rural LEP 1987 is also proposed to be transferred to ELEP 2012 as part of this planning proposal. In effect the planning proposal better reflects and supports the primary use of Kyla Park for grazing. Land Use Table The proposed open land use table for the RU1 zone does not mean that the land will be proposed for alternative uses as any development of the land must be consistent with the existing Plan of Management for the land being the Kyla Park Community Land Areas of Cultural Significance Plan of Management and have regard to the heritage listing. The land is also classed as Community Land under the Local Government Act 1993. Summary Given the retention of the heritage listing and there being no changes proposed to the applicable Plans of Management, the Kyla Park Grazing Lands will be retained in their current form and there will be no development on the land that is inconsistent with the heritage listing or the Plan of Management as a result of this planning proposal. Recommendation RECOMMENDATION THAT the response to the question regarding Kyla Park raised by Councillor Anthony Mayne be received and noted.
