Steve Eagleton Drive development FAQ

Published on 23 February 2021

Kempsey Council logo on customer service centre

Kempsey Shire Council is aware of the concerns raised by some community members regarding the development at 13-19 Steve Eagleton Drive in South West Rocks which recently saw the site cleared of trees for an approved 27 lot subdivision.  

The subject site is a block of bushland that has been zoned residential since 1987, surrounded by built out residential, business, and industrial land.

The developer of the residential zoned block had the subdivision approved in 2019 subject to a variety of heritage and biodiversity conditions.

The following information is intended to provide some transparency around the process invovled.

Where is the land that was cleared?

The subject site at 13-19 Steve Eagleton Drive in South West Rocks is a block of bushland that has been zoned residential since 1987, west of the Coles shopping complex and  surrounded by built out residential, business and industrial land. 

When did Council rezone this land?

The subject site is a block of bushland that has been zoned residential since 1987, surrounded by built out residential, business, and industrial land. 

When was the development proposal approved?

A subdivision proposal for the block at 13-19 Steve Eagleton Drive was lodged on the 3rd of December 2018 and assessed and approved in 2019 under Delegated Authority after internal and external referral.

External referral was sent to the Kempsey Local Aboriginal Lands Council for a Heritage Assessment Report and the Department of Planning, Industry and Environment Biodiversity Conservation Trust for consideration into the Biodiversity Offsets Scheme. Both referrals recommended development approval subject to conditions. Council’s approval duly imposed those conditions.

Was this approved at a Council meeting?

The proposal was assessed and approved in 2019 under Delegated Authority after internal and external referral. Councillors were notified of the proposal in December 2018 when it was circulated to them as a significant development. 

What is going to be built on the site?

The site has an approved 27 lot residential subdivision.  

Was there any consultation with local indigenous groups?

As a part of the approval process, the proposal was referred by Council to the Kempsey Local Aboriginal Lands Council for a Heritage Assessment Report. One of the conditions of consent was that “an Aboriginal Field Officer from the NSW National Parks and Wildlife Service or the Kempsey Local Aboriginal Land Council must be present during all earthworks.”

Why was the Developer allowed to clear the trees?

This is the first development site within the Shire to proceed under the NSW Department of Planning, Industry and Environment’s Biodiversity Offset Scheme, under which developers who undertake clearing generate an obligation to offset their activity through a like-for-like planting of similar vegetation in the same local area, or make a payment through the state government’s Biodiversity Conservation Trust.  

What is the Biodiversity Offsets Scheme?

The Biodiversity Offsets Scheme is a NSW government framework, established by the Department of Planning, Industry and Environment, designed to avoid, minimise and offset impacts on biodiversity from development and clearing, and to ensure land that is used to offset impacts is secured in-perpetuity.

It is designed to see developers either fund nearby landholders to establish a site where they will grow like-for-like vegetation to offset the impact of the clearing or to pay the state government’s Biodiversity Conservation Trust which delivers private land conservation programs.

Read more about the Biodiversity Offsets Scheme.  

Did the developer break the rules?

The developer complied with all Council and state government requirements in place to protect the natural environment.

The developer made lengthy efforts to fulfil their biodiversity offset obligations and have followed all the right steps.

Is the developer planting new trees?

Despite the efforts of the developer over the past year to source a local site, and then a regional site to fund a like-for-like biodiversity stewardship to offset their development, none were available.

As such, in September 2020 the NSW Biodiversity Conservation Trust confirmed to Council that the developer had paid their full conditioned offset obligation of $721,201.50 into the State’s Biodiversity Conservation Fund.

This fund was created by the NSW government to enable developers to proceed with the development while allowing the Trust to bundle credit obligations and secure strategic offset outcomes.

Does South West Rocks need new housing?

The population in South West Rocks has been growing rapidly in recent times and is projected to increase in the coming years.

The percentage increase in population growth in South West Rocks has been relatively high by comparison to both Kempsey Shire and NSW for several decades. This is consistent with the trend of increasing populations on the NSW Coast.

How much land is planned to be developed in South West Rocks?

South West Rocks is expected to experience the most significant growth within the shire. The population of South West Rocks is estimated to grow by 2,575 residents by 2036, nearly a 50% increase on the current population. This population growth would require an additional 1,200 new dwellings.