Conservation zones (C Zones)

To ensure the most up-to-date information is used to inform the rezoning of land to an environmental, rural or urban zone, feedback from affected land owners has been used to verify existing vegetation and primary use of the land.

Conservation Zones or 'C Zones' include:

• C2 – Environmental Conservation
• C3 – Environmental Management.

C2 Zone: Environmental Conservation

The C2 zone primarily applies to areas of high ecological, scientific or cultural value that should be protected for environmental conservation purposes (including zones 7(a), 7(b), 7(j) and 7(k) under the Byron LEP 1988), and where commercial agricultural activities are not carried out. Examples of high ecological or scientific values include: littoral rainforest, coastal wetlands, endangered ecological communities, threatened species habitat and over-cleared vegetation communities.

C3 Zone: Environmental Management

The C3 zone primarily applies to areas containing special ecological or cultural attributes that require careful consideration/management. This may include land containing riparian / estuarine vegetation, or rare, endangered, and vulnerable forest ecosystems, or where established agricultural activities occur within vegetated areas that meet the C2 criteria. This zone allows for a wider range of land use activities that are compatible with these attributes.

Read about:

• Objectives, permissible and prohibited uses for C2 zones
• Objectives, permissible and prohibited uses for C3 zones 

Council has the option of using mapped planning controls (also known as “overlays”) to protect environmental values that do not meet the criteria for an C2 or C3 zone. This may be applied to sensitive riparian areas (i.e. land within a certain distance of a watercourse) or other native vegetation that needs to be managed through a local provision and associated “overlay” map in the Byron LEP 2014. In the case of a vegetation overlay map, this will not duplicate C2 or C3 zones. 

An overlay map and associated clauses will identify the matters that need to be considered in a development application for proposed land uses that require development consent. Land uses that are permitted without consent, such as some forms of extensive agriculture in rural zones, will not be subject to map overlay provisions in the LEPs. Also, existing agricultural practices that are currently being undertaken on land will not be subject to the provisions of the map.

The review of landowner feedback has identified potential land where use of an overlay may be an appropriate management mechanism, however this is best considered at the end of the review process when the final extent of C Zones applied within the Shire is known. A further report on this option will be considered by Council on finalisation of the application of E Zones.

Some coastal areas were also identified as a Deferred Matter under the Byron LEP 2014, pending the outcomes of the State Government’s coastal management review and the possible adoption of a new coastal zone. This applies to the following zones under the Byron LEP 1988:

• 7(f1) Coastal lands; and
• 7(f2) Urban Coastal Lands 

Such areas will be considered under a separate review process and remain as a Deferred Matter under the Byron Local LEP 2014 until appropriate planning controls are developed in consultation with the State Government. These areas will therefore remain subject to the zoning and legislative requirements of the Byron LEP 1988 and the relevant controls in the Byron Development Control Plan (DCP) 2010.

Council considered introducing a new RU6 Transition Zone into the Byron Local Environment Plan 2014 to apply to land currently zoned 7(d) Scenic Escarpment (Byron LEP 1988) that does not meet the State Government’s criteria for an environmental zoning. 

The reason for a new zone is to maintain consistency with the existing 7(d) zone provisions and ensure scenic escarpment and other visually prominent areas are not eroded by inappropriate land uses. 

Under the Byron LEP 1988, the 7(d) Scenic Escarpment Zone largely covers most escarpment land in the Shire, as well as other visually important areas.

This is a sensitive landscape experiencing, and likely to continue to experience, increased development pressure. Inappropriate development has the potential to erode the scenic values of these areas and conflict with community values and Council’s policy framework.

Community feedback was undertaken and reported to Council in September 2019. 

It was decided to keep the existing LEP 1988 zone, 7(d) Scenic Escarpment, in locations that do not qualify for an environmental zoning, until such time as a suitable replacement LEP 2014 zone is supported by the Department of Planning & Environment (DPE).  Those properties will remain as a Deferred Matter under LEP 2014 and will remain subject to the zoning and legislative requirements of the Byron LEP 1988 and the relevant controls in the Byron Development Control Plan (DCP) 2010.

We are continuing to liaise with the DPE and neighbouring Councils for a replacement LEP 2014 zone. 

For more information call 02 6626 7315 and speak with a Council planner.