After careful consideration, led particularly by Cr Brian Finlayson, the councillors voted unanimously to support the need for a DA but only, at this point, in areas zoned R5 rural residential.

A decision on regulating horticulture in the RU1 and RU2 zones (traditional farming areas) has been deferred until the outcome of a similar proposal put forward by the Bellingen Shire Council is determined by the Minister.

For full details click here and scroll down to item 9.14.

This decision requires an amendment to the Local Environment Plan (LEP), which in turn needs a tick of approval from the State Government, a process which can take many months.

So at this stage, nothing is set in concrete.

Cr Finlayson said it was however vital that anyone buying land for rural residential or horticultural purposes consulted the council before committing themselves.

“On the other hand Council also does not want to see plantations developed in a way that will reduce the amenity of rural residential residents who never dreamed they would have a blueberry or macadamia plantation established ten metres from their house.”

Cr Finlayson expanded further on other aspects of the decision in an email to the Guardian:

“There is considerable interest in Nambucca Shire for land suitable for horticulture and particularly blueberry production. This is largely because of reduced availability and increased prices for suitable land in other shires. There have already been a number of properties acquired on which substantial plantations have been and are being developed.

“At the moment there is nothing to stop a farmer acquiring land zoned rural residential and setting up say a blueberry or macadamia plantation a few metres away from existing houses.

“The dilemma facing Council has been to balance the competing rights of farmers who acquire land zoned rural residential which is remote from existing residential development and the rights of people living in rural residential areas to enjoy their rural lifestyle without a blueberry or macadamia plantation being established a few metres from their house.

“Council is aware that farmers have come to the area and in good faith acquired land suitable for horticulture but which borders developed residential land.and have no idea that there may be restrictions placed on that land – indeed some of that land has already been planted.”

He said that other shires, such as Bellingen and Coffs Harbour, had recently had to deal with conflict between residential land owners and horticultural (particularly blueberry) landowners.

“People living near land on which horticulture has been introduced have objected to sprays, noise and agricultural features they regard as unsightly (eg bird netting) and existing controls have been inadequate to deal with those conflicts.”

To deal with the situation the council has taken a course consistent with that of neighbouring shires (see decision above) – ie: requiring DA approval, albeit not as demanding as for other activities, in an attempt to address the issues raised: 

* There will be buffer requirements where growers seek to establish plantations on a property surrounded by other rural residential land.

* These will vary where the property adjoins developed residential land.

* There will be requirements as to placement of dwellings on rural residential land that adjoins existing horticultural plantations should the landowner seek to develop that land for residential purposes.

Cr Finlayson also raised the matter of the influx of (blueberry) pickers in the future.

“These workers will need to live here for at least nine or ten months per year. Berries may not be ready to pick at 8.00am but might be at 10.00am, by 12.00pm it might be too late.

“Pickers accordingly have to be on hand – there isn’t time to bus them in from elsewhere.

“Some estimates indicate that when plantations presently being prepared are in full production (it takes about two years) some 500 pickers will be required. They have to live somewhere. I doubt that they could be accommodated at the moment.”