Council requests urgent ministerial review of riparian boundary interpretation

MAYOR Digby Rayward is seeking clarification from the NSW Government around the interpretation of new rules for subdivision works across riparian zones.

At Council’s 26 November Extraordinary Meeting, Cr Rayward put forward a Mayoral Minute outlining his concerns regarding recent advice from the Department of Climate Change, Energy, the Environment and Water on the interpretation of “Controlled Activity Guidelines” as they relate to third and fourth order watercourses.

According to Council, the Department (as of correspondence dated 17 November 2025) no longer supports lot boundaries or fencing across third and fourth order streams and requires subdivision layouts to avoid “fragmentation of the riparian zone.”

Council says this represents a “significant shift” from long-standing practice and has not previously been applied to subdivisions within Dungog Shire or comparable LGAs.

The Mayoral Minute highlighted the impact of applying this new interpretation to a development application at Hanleys Creek Road, Tabbil Creek, which seeks to develop a single lot into a 91-lot Torrens Title subdivision.

Council understands that the new interpretation would remove approximately 14 lots, “undermining project viability and further delaying the delivery of up to 90 new home sites”.

Concerns were raised by Cr Rayward regarding inconsistency with the State’s strategic housing policies and potential impacts on Council’s ability to meet the Hunter Regional Plan 2041 target of 2,400 additional dwellings.

“This represents an inconsistent approach to subdivision and I am of the view that it is a substantial shift in regulatory practice, introduced without prior notice, consultation, or transition arrangements,” Cr Rayward said in the Mayoral Minute.

Council supported the Mayor’s call to urgently seek ministerial intervention.

This includes writing to the Minister for Water, the Minister for Planning, and the Secretary of DCCEEW requesting reconsideration of the approach, as well as arranging a meeting with local State Members.