Housing & planning · Bega Valley Shire Council
RU2 landholders face possible forestry rule change after Bega Valley vote
Bega Valley Shire Council has voted 5-3 to prepare a proposal that could allow forestry without consent in the RU2 Rural Landscape zone, but the resolution does not itself change planning controls.
Reporting from public council minutes. How this article was prepared
Landholders and forestry operators in Bega Valley’s RU2 Rural Landscape zone could eventually face a different approval system after council voted 5-3 to prepare a planning proposal that could allow forestry without consent. The resolution does not itself change the Bega Valley Local Environmental Plan 2013 and provides for Gateway consideration of further studies, consultation or information requirements.
Resolution 112/26 adopts a planning pathway based on a privately funded draft proposal from May 2024, the 2026 scoping report, advice from Gyde Consulting and a scoping addendum. Councillors noted Gyde’s view that there was a reasonable basis to progress the proposal and reaffirmed an earlier council position that RU2 is compatible with private native forestry operations.
The recorded resolution does not set a timetable or allocate additional resources. Council noted it could not prepare the planning proposal within existing operational-plan and resource priorities without removing other identified work. The chief executive officer was asked to identify the staff resources and funding needed and, if additional budget approval is required, report that requirement at the earliest available council meeting.
Council requested that transport and road-network impacts be addressed at the appropriate strategic level in the planning proposal. The resolution also records the consultant’s advice that transport requires further consideration. Council resolved not to commission additional technical studies before Gateway unless they are needed to lodge the proposal, while seeking confirmation through Gateway of any further studies, consultation or information required.
Mayor Russell Fitzpatrick left the meeting before the vote after declaring a significant non-pecuniary conflict of interest. The minutes say the draft planning proposal referred to in the item was prepared by his brother, a qualified planner. The final motion was supported by councillors Tony Allen, Clair Mudaliar, Mitchell Nadin, Peggy Noble and David Porter, and opposed by Simon Daly, Peter Haggar and Helen O’Neil. An earlier motion to note the material and publish it for potential proponent-led proposals was defeated.
What deserves a closer look
The council approved preparation of a planning proposal, not an immediate amendment to the local environmental plan or immediate permission for forestry without consent.
The resolution identifies resource-priority constraints and requests work on staffing, funding and transport requirements, with Gateway to clarify further studies, consultation or information requirements.
Questions for follow-up reporting
What staff resources and funding will be required, and will additional budget approval be needed?
What transport and road-network work will be required for the planning proposal?
When will the planning proposal be lodged for Gateway consideration?
What happens next
Proceed with preparation of the RU2 forestry planning proposal and lodge the listed supporting material, as directed by the resolution.
Identify the staff resources and funding required and, if additional budget approval is required, report that requirement at the earliest available council meeting.
Address transport and road-network impacts at the appropriate strategic level and seek confirmation through Gateway of any further studies, consultation or information required.
Do not commission additional technical studies before Gateway unless they are required to lodge the planning proposal.
Check the record
These passages were matched to the source text. Read them in context in the original minutes.
Council resolved to prepare a planning proposal to amend the Bega Valley Local Environmental Plan 2013 to include forestry as a land use permissible without consent in the RU2 Rural Landscape zone.
IN FAVOUR: Crs Allen, Mudaliar, Nadin, Noble and Porter AGAINST: Crs Daly, Haggar and O'Neil ABSENT: Cr Fitzpatrick 112/26 RESOLVED on the motion of Crs Nadin and Mudaliar That Council: 1. Notes the RU2 forestry scoping report, agency responses and advice provided by Gyde Consulting 2. Reaffirms Council's resolution of 21 May 2025 that the RU2 Rural Landscape zone is compatible with private native forestry operations 3. Notes the finding of Gyde Consulting that there is a reasonable basis to progress a Planning Proposal to amend the Bega Valley Local Environmental Plan 2013 to include 'forestry' as a land use permissible without consent in the RU2 Rural Landscape zone 4. Resolves to proceed with the preparation of that Planning Proposal 5. Directs that the privately funded May 2024 draft Planning Proposal, the 2026 scoping report, the Gyde Consulting advice and the scoping addendum be lodged as supporting material for the Planning Proposal to meet the 2026 Local Environmental Plan Making Guidelines, current section 9.1 Ministerial Directions and other current planning requirements 6.
Resolution 112/26, points 1 to 5
Open original minutes ↗The consultant advised that transport requires further consideration.
Requests that transport and road network impacts be addressed at the appropriate strategic level in the Planning Proposal, noting the consultant's advice that transport is a matter requiring further consideration 8. Notes that within existing Operational Plan and resource priorities, the Planning Proposal cannot be prepared without removal of other identified priorities 9. Requests that the Chief Executive Officer identify the staff resources and funding required to prepare and lodge the Planning Proposal and, if additional budget approval is required, report that requirement to Council at the earliest available meeting IN FAVOUR: Crs Allen, Mudaliar, Nadin, Noble and Porter Council Meeting Minutes 23 September 2026 - 7 - AGAINST: Crs Daly, Haggar and O'Neil ABSENT: Cr Fitzpatrick 03:26 pm Cr Fitzpatrick returned to the meeting.
Resolution 112/26, points 7 to 9
Open original minutes ↗The motion was carried with five councillors in favour, three against and Cr Fitzpatrick absent.
Notes that within existing Operational Plan and resource priorities, the Planning Proposal cannot be prepared without removal of other identified priorities 9. Requests that the Chief Executive Officer identify the staff resources and funding required to prepare and lodge the Planning Proposal and, if additional budget approval is required, report that requirement to Council at the earliest available meeting The motion was put to the vote and was CARRIED. IN FAVOUR: Crs Allen, Mudaliar, Nadin, Noble and Porter AGAINST: Crs Daly, Haggar and O'Neil ABSENT: Cr Fitzpatrick 112/26 RESOLVED on the motion of Crs Nadin and Mudaliar That Council: 1.
Item 8.3, final motion result and voting list
Open original minutes ↗Cr Fitzpatrick declared a significant non-pecuniary conflict of interest, advised that the draft planning proposal was prepared by his brother, a qualified planner, and left the meeting at 2:45pm.
Cr Fitzpatrick declared a non pecuniary but significant conflict of interest for item 8.3 Scoping Proposal to permit forestry in the RU2 Rural Landscape zone. Cr Fitzpatrick advised the draft planning proposal referred to was prepared by his brother, a qualified planner Cr Fitzpatrick has no other interest apart from this.. A signed declaration form was tabled by Cr Fitzpatrcick, he will leave the chamber and not vote. 02:45 pm Cr Fitzpatrick left the meeting. Deputy Mayor Cr Nadin took over as Chair of the meeting.
Item 8.3, conflict declaration and departure
Open original minutes ↗Council's resolution of 21 May 2025 stated that the RU2 Rural Landscape zone is compatible with private native forestry operations, and Gyde Consulting found a reasonable basis to progress the planning proposal.
Notes the RU2 forestry scoping report, agency responses and advice provided by Gyde Consulting 2. Reaffirms Council's resolution of 21 May 2025 that the RU2 Rural Landscape zone is compatible with private native forestry operations 3. Notes the finding of Gyde Consulting that there is a reasonable basis to progress a Planning Proposal to amend the Bega Valley Local Environmental Plan 2013 to include 'forestry' as a land use permissible without consent in the RU2 Rural Landscape zone 4.
Resolution 112/26, points 1 to 3
Open original minutes ↗A motion moved by Crs O'Neil and Daly proposed noting agency responses and consultant advice and making the scoping report and supporting information available on council's website for landholders or developers preparing proponent-led planning proposals.
02:47 pm Cr Porter returned to the meeting. A motion was moved by Crs O'Neil and Daly 1. That Council note the agency responses and consultant's advice to a scoping proposal to amend Bega Valley Local Environmental Plan 2013 to include 'forestry' as a land use permitted without consent in the RU2 Rural Landscape zone. 2. That Council make the scoping report and supporting information available on Council's website for landholders or developers to use in the preparation of proponent-led planning proposals.
Item 8.3, initial motion
Open original minutes ↗The motion was lost, with three councillors in favour, five against and Cr Fitzpatrick absent; the foreshadowed motion then became the motion.
Notes that within existing Operational Plan and resource priorities, the Planning Proposal cannot be prepared without removal of other identified priorities 9. Requests that the Chief Executive Officer identify the staff resources and funding required to prepare and lodge the Planning Proposal and, if additional budget approval is required, report that requirement to Council at the earliest available meeting The motion was put to the vote and it was LOST IN FAVOUR: Crs Daly, Haggar and O'Neil AGAINST: Crs Allen, Mudaliar, Nadin, Noble and Porter ABSENT: Cr Fitzpatrick The foreshadowed motion became the motion and was moved by Cr Nadin and seconded
Item 8.3, initial motion result
Open original minutes ↗Source record
This report is based on Bega Valley Shire Council’s public ordinary meeting minutes for 23 September 2026, including resolution 112/26.
Key facts from the minutes
- Council resolution 112/26 approves preparation of a planning proposal for forestry to be permissible without consent in the RU2 Rural Landscape zone.
- The proposal would amend the Bega Valley Local Environmental Plan 2013 only if it proceeds through the required planning process.
- Council requested that transport and road-network impacts be addressed at the appropriate strategic level, noting the consultant’s advice that transport requires further consideration.
- The chief executive officer was asked to identify staff resources and funding. Council noted the proposal cannot be prepared within existing priorities without removing other work.
- The resolution was carried with five councillors in favour, three against and Cr Russell Fitzpatrick absent after declaring a conflict of interest.
Why it matters
- If the planning proposal survives the Gateway and later planning stages, forestry could be treated differently on RU2-zoned land. The recorded resolution does not itself change existing controls and calls for work on the proposal’s staffing, funding and transport requirements.