Jerberra and Nebraska Estates - Proposed Residual C2 Environmental Conservation Land Acquisition Policy

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Consultation has concluded

Shoalhaven City Council is seeking feedback from landowners on a proposed policy that would allow Council to purchase ‘residual’ land zoned C2 Environmental Conservation (C2 land) in Jerberra Estate and Nebraska Estate (if the Nebraska Estate Planning Proposal is finalised).

Please see Figure 1 for the location of these Estates.

Figure 1 - Site Location

Feedback from landowners will inform and assist preparation of the draft policy which will be reported to Council when meetings resume after the 2021 Local Government elections.

Landowners will be advised when the policy proposal is expected to be reported to Council for further consideration.

Shoalhaven City Council is seeking feedback from landowners on a proposed policy that would allow Council to purchase ‘residual’ land zoned C2 Environmental Conservation (C2 land) in Jerberra Estate and Nebraska Estate (if the Nebraska Estate Planning Proposal is finalised).

Please see Figure 1 for the location of these Estates.

Figure 1 - Site Location

Feedback from landowners will inform and assist preparation of the draft policy which will be reported to Council when meetings resume after the 2021 Local Government elections.

Landowners will be advised when the policy proposal is expected to be reported to Council for further consideration.

Background

Under Council's current Policy - Small Lot Rural Subdivisions - Dealing with Unpaid Rates and charges, Council will accept land in Jerberra and Nebraska Estates in lieu of unpaid rates but will not purchase the land.

Council is proposing a new policy that would allow the purchase of certain land zoned C2 Environmental Conservation, if requested by the owner, in Jerberra Estate and Nebraska Estate (if/when the land is rezoned). Land would only be purchased on a voluntary basis (willing seller / willing buyer) for the unimproved value less any outstanding rates/charges and any clean-up costs (if clean-up is required). Offering to purchase the undevelopable/residual C2 properties in each Estate will help to resolve the long-term tenure and management of this land. These landowners will otherwise have very limited options for using and/or selling their land. Further more, the land’s environmental values will not be as secure while it remains in fragmented private ownership. Any land purchased under the new policy would be retained as bushland and managed for conservation in perpetuity.

The cost of purchasing the land would be funded by the net profits from the sale of any Council-owned land in the same Estate that either has a ‘dwelling entitlement’ or is able to form part of a larger developable parcel. Ongoing management costs would be met from a variety of sources including any government funding that is able to be secured in the future and/or any surplus funds from the sale of Council's development land in the same Estate.

The new policy will also improve the eligibility of the proposed new Nebraska Estate planning controls for a biodiversity savings provision, i.e. Clause 34A of the Biodiversity Conservation (Savings and Transitional) Regulation 2017. This would benefit the owners of the developable land in Nebraska Estate as it does in Jerberra and Verons Estates.

For further information, please see the FAQs published in the Document Library on this web page.

For more information on the history of each estate please see the Newsfeed below.

What is residual C2 land?

Residual C2 Environmental Conservation land is land zoned C2 in the Jerberra Estate or proposed to be zoned C2 in the Nebraska Estate (if/ when the land is rezoned) that is so environmentally constrained that it is unsuitable for development. It is land that does not/ will not have a dwelling entitlement and nor is it proposed for consolidation into a larger development parcel. To see if your property is identified as residual C2 Environmental Conservation land please see Figure 2 (Jerberra Estate) and Figure 3 (Nebraska Estate) in the 'Photo Gallery' on this web page.

Have Your Say

Thank you for your feedback

The feedback period closed on Sunday, 25 July 2021

All landowners will be advised when the policy proposal is expected to be reported to Council for further consideration.

Consultation has concluded

  • Environment Zone Renamed Conservation Zone

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    As of 1 December 2021, a reference to an Environment Protection zone E1, E2, E3 or E4 in a document should be taken to be a reference to a Conservation zone C1, C2, C3 or C4.

    For further information please see Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021 (nsw.gov.au).

  • Council Adopts Policy

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    At the Development and Environment Committee Meeting on 5 October 2021 Council considered a report (DE21.113) and resolved to adopt the policy without changes (MIN21.699). All of the documents, including the relevant attachments (Page 125 onwards), can be accessed from these links or from the 'Document Library' on this web page.

    The adopted Policy can be accessed here. The Policy and the Valuation Reports for Jerberra and Nebraska Estates are also available for viewing in the 'Document Library' on this web page.

    This means that owners of residual C2 Environmental Conservation land in the Jerberra Estate can now potentially sell their land to Council (if they wish) subject to an independent land valuation, prepared in accordance with the adopted policy.

    This process can be initiated (without any obligation) by:

    1. Firstly, confirming your property is eligible. Contact Council’s Strategic Planning Section on (02) 4429 3426. To help us assist you, please quote Council reference 2653E/2; and
    2. Secondly, providing a written expression of interest in selling your property to Council via:

    Please quote Council reference: 3599E and mark your correspondence for the Attention: Technical Services, Property Unit.

    The Property Unit will then engage a registered Land Valuer in consultation with the landowner to prepare an independent land valuation.

    The Policy will not apply to the Nebraska Estate until the Planning Proposal is finalised and the land has been rezoned.

    All affected landowners will be notified in writing.

  • Project Update

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    A report on the outcomes of the targeted survey of residual C2 Environmental Conservation landowners, the valuation outcomes and the proposed policy has been prepared and will be considered by the Development and Environment Committee on 5 October 2021.

    The Report to Council and Attachments can be viewed in the 'Document Library' on this web page.

  • Jerberra and Nebraska Estate - Historic Information

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    Jerberra Estate was rezoned in 2014. The Shoalhaven Local Environmental Plan (Jerberra) 2014 and Chapter N20 of the Shoalhaven Development Control Plan apply. Links to both plans are available on this page.

    For more detailed information about the current status of the Jerberra Estate please refer to the Jerberra Estate Factsheet published in the Document Library on this web page.

    Information on the Nebraska Estate Planning Proposal is provided in the Nebraska Estate Factsheet available in the Document Library on this web page.

    The land is currently zoned Rural Landscape (RU2) under the Shoalhaven Local Environmental Plan 2014. A link to the Shoalhaven LEP 2014 is available on this page.

    Progression of the Nebraska Estate PP was delayed due to complications caused by changes to biodiversity laws in NSW. Information about the NSW Biodiversity Conservation Act 2016 and the implications for Nebraska Estate is provided in the Nebraska Estate Factsheet referred to above.

    In October 2020, the NSW Government wrote to Council and advised that planning proposals older than 4 years would have to be finalised by the end of 2020 and that moving forward, planning proposals will have to be completed in 1 to 2 years maximum. The Nebraska Estate PP was one of 5 ‘legacy’ PPs, the Gateway Determinations for which were terminated by NSW Department of Planning, Industry & Environment (DPIE) on 15 December 2020. Further information is provided in the Nebraska Estate Factsheet referred to above.

    In relation to the Nebraska Estate PP on 18 January 2021, Council resolved (MIN21.6) to:

    “seek a new Gateway determination at the appropriate point once the policy is adopted that will help resolve the tenure and management of the proposed C2 land (as per Council resolution MIN20.885) to help secure certification for the new planning controls under Clause 34A of the NSW Biodiversity Conservation (Savings and Transitional) Regulation 2017.”

    If adopted, the new policy will help to address the NSW State Government’s eligibility criteria for Clause 34A certification, enabling Council to request a new Gateway determination for the Nebraska Estate Planning Proposal.

    Please refer to the Document Library on this web page for relevant Council reports, minutes and key Gateway determinations.