2.1 Environmental Responsibility & Land Capability

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2.1 Environmental Responsibility & Land Capability

Introduction

The Land use permissibility of a development in a particular under the zone, as indicated by the Lake Macquarie LEP 2004 does not mean indication that the land is suitable for theat development.

This Section provides2.1 of this DCP is intended to guidance relating to the initial phase of development consideration, application preparation and assessment by Council.

The matters identified in this Section provide guidance on retaining the City’s environmental values, such as biodiversity and scenic amenity. It, while also highlighting guides matters development that may impact on certain landsbe effected by, such as bushfire risk, and acid sulfate soils and the like.

Justification:

Clarification for users of the DCP.

The Environmental Responsibility and Land Capability Principles of Development are:

Natural –

2.1.1 Ecological Values 2.1.2 Ecological Corridors 2.1.3 Scenic Values

2.1.4 Tree Preservation and Management 2.1.5 Bushfire Risk

2.1.6 Water Bodies, Waterways and Wetlands 2.1.7 Flood Management

2.1.8 Development on Flood Prone Land at Dora Creek 2.1.9 Sloping Land and Soils

2.1.10 Acid Sulfate Soils Operational –

2.1.11 Erosion Prevention and Sediment Control 2.1.12 Mine Subsidence

2.1.13 Contaminated Land

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2.1.14 Energy Efficiency 2.1.15 Noise and Vibration 2.1.16 Air Quality

2.1.17 Building Waste Management – Demolition and Construction

2.1.1 Ecological Values

The INTENT of Council’s requirements is to conserve the biodiversity of the City and the Region.

Justification:

Clarification for users of the DCP.

Links –

2.1.2 – Ecological Corridors 2.1.4 – Tree Preservation and Management

2.1.5 – Bushfire Risk

2.1.6 – Water Body, Waterway or Wetland

2.1.11 – Erosion Prevention and Sediment Control

2.5 – Stormwater Management,

Infrastructure and On-site Services 2.7.1 - Streetscape and Local Character 3.2 – Subdivision

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Performance Criteria Acceptable Solutions Justification:

P.1

The intent may be achieved where:

Iimpacts of the proposal development on native flora and fauna is avoided or minimised.

A1.1

A1.2

A1.3

Development is located and designed to avoid or minimise impacts on local and regional native vegetation.

Where a development is proposed to impact on an area of native vegetation, it is demonstrated that no reasonable alternative is available; and

Suitable ameliorative measures are proposed.

A native vegetation protection bond is provided to Council to ensure the protection of land containing vegetation during development construction.

P1 is a minor rewording change for clarification for users of the DCP.

A1.1 is amended by stating that impacts considered are to include impacts on local and regional vegetation.

A1.2 is amended by rewording for clarity only.

A1.3 is a new provision that offers an additional acceptable solution so developers can move forward with development with a bond to protect native vegetation that needs to be protected on the site.

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P2. Native Flora and Fauna Assessments are conducted undertaken with sufficient detail to assess the effects of the proposal and to ensure compliance.

A2.1

A2.2

Flora and Fauna Assessments are prepared and lodged in accordance with Council’s Flora and Fauna Guidelines (2001) establishing the significance of the site and shall:

Identify the value and location of significant habitat on the site and where necessary, on surrounding lands.

Identify the total impact of the

development on native flora, fauna and

SIGNIFICANT HABITAT,

Address legislative requirements, and Identify the location of significant habitat on the site and where necessary, on surrounding lands.

Identify the value and location of significant habitat.

When native vegetation or fauna habitat is to be affected either directly or indirectly the Flora and Fauna Assessment must address section 5A of the Environmental Planning and Assessment Act 1979 (ie. contains “the Assessment of Significance Test” or the development application must be supported by a Biobanking Statement.

See Ecological Values – Additional Information,

P2 is amended by making the existing provision clearer.

A2.1 is amended by:

adding direction in relation to the sort of information to be provided relating to Flora and Fauna Assessments;

Replacing the second last dot point with a revised version that requires detail on the value of significant habitat in addition to the location of that habitat.

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P2. Continued – A2.3

A2.4

The Flora and Fauna Assessment and

“the Assessment of Significance Test” is sufficient to determine whether there is likely to be a significant affect on threatened species, populations or ecological communities or their habitats as well as impacts on significant habitat/s or a Biobanking Statement is submitted with the development application.

If the proposal is likely to have a significant effect on threatened species, populations or ecological communities or their habitats, the development application includes:

• a Species Impact Statement is prepared and lodged; or

a Biobanking Statement is submitted with the development application.

A2.4 is amended with minor rewording to better clarify DCP requirements.

A2.5 Additional flora and fauna survey work may have to be undertaken requiredto demonstrateing that the how the performance criteria can be met.

A2.6 Any relevant research, recovery plans, threat abatement plan, guidelines and Management Plans are appropriately addressed in the flora and fauna assessment.

A2.7 All impacts of the proposed development are detailed on a DEVELOPMENT SITE PLAN

(Refer to page 11) and assessed by the Flora and Fauna Assessment.

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P3. SIGNIFICANT HABITAT,being areas and habitat elements important for significant flora and fauna species, populations, vegetation communities and/or ecological communities, is protected and enhanced on and/or adjoining the site.

Note –

Significant habitat includes marine, estuarine and aquatic environments

Continued –

A3.1

A3.2

A3.3

A3.4

Development is located and designed to avoid impacts on significant habitat.

Note –

Significant habitat includes marine, estuarine and aquatic environments Where a development is proposed to impact on an area of ecological value:

It is demonstrated that no reasonable alternative is available, and

Suitable ameliorative measures are proposed.

Additional flora and fauna survey work may have to be undertaken to

demonstrate that the performance criteria can be met.

Measures are put in place during construction to protect native vegetation or fauna habitat. This should be detailed in the a ConstructionSite Management Plan (refer to page 11).

The Note is relocated only from column two to column one.

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A3.5

A3.5 A3.6

A management plan for retention of significant habitats, is prepared and/or covered in the other management plans (ie. A Development Site Plan, A Property Management Plan and A Construction Management Plan) required for the development.

Degraded or areas affected by the development are rehabilitated with indigenous native species to establish a self maintaining ecosystem as close as possible to the natural state.

Note –

Ameliorative measures could include rehabilitation or replacement of significant habitat and/or the provision of buffers.

A3.5 is relocated and now appears as A5.1 (it is not deleted but relocated).

A3.5 is renumbered only.

P4. The development proposal assists in meeting regional objectives and targets set by the Department of Environment and Climate Change and/or LHCCREMS and/or the Central Coast Native

Vegetation Committee in a Native Vegetation Management Plan.

A4. Development must be consistent with achievement of the Lower Hunter

Regional Conservation Plan, the Regional Biodiversity Conservation Strategy and the Central Coast Native Vegetation Management Plan and any targets set by these documents

P4 and A4 are updated to ensure DCP No .1 is in line with State Government department name changes and new applicable documents.

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P5. Support dDevelopment (excluding minor developments) in the following zones/

zonesareas with a Site Management Plan (SMP):

6 – Open space

7 – Conservation and Environmental, 9 – Natural Resources, and

10 – Investigation, and

Areas set aside for ecological reasons.

The SMP is demonstrates the designed and constructedion of the development to avoids and minimises impacts on the ecological values of the land, does not further fragment land and maintains minimum viable habitat areas for significant species.

A5.1

A5.2

TheA following plansSMP are is prepared and lodged demonstrating coordination of all relevant site plans including but not limited to:

areas set aside for ecological reasons;

DEVELOPMENT SITE PLAN, and

Athe Property Management Plan, and Athe Construction Management Plan (Refer to page 11)

Development results in a positive conservation outcome for significant habitat and/or corridors through

enhancement, protection and/or long term security.

P5 and A5.1 are amended with minor rewording to better clarify DCP requirements.

P6 Ensure long term protection and management of areas set aside for ecological reasons.

A6.1

A6.2

Land requiring protection for its

conservation value is to be protected in a secure tenure (preferably in public ownership) with appropriate conservation management.

Ongoing conservation arrangements of land must address ownership and management for conservation long term.

P6 is a new provision that supports Council’s objectives to minimise the loss of biodiversity and maximise native species retention.

A6.1, 6.2 and A6.3 are new provisions that direct P6 and provide guidance for areas of ecological significance.

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A6.3 Where land is identified as having conservation value, a legal agreement (such as a planning agreement prepared under the Environmental Planning and Assessment Act 1979) may be entered into to establish a mechanism to maintain conservation values and to accept dedication of land to Council.

As above.

A6.2 Any land disturbed within the Awaba Conservation Area, is rehabilitated with indigenous native species to establish a self maintaining ecosystem as close as possible to the natural state.

Note –

The boundary of the Conservation Area is identified on diagram 1.

This requirement is relocated and appears later in the same section of the DCP.

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P7. SIGNIFICANT HABITAT in and around the site is protected from external influences.

A7.1

A7.2

A7.3 2

A7.4

A7.5 3

A7.6

The development is designed to respect and address the areas to be maintained in their natural condition.

A suitable buffer and/or barrier is established between development and areas of significant habit to ensure that they will be maintained in their natural condition. The width of the buffer or form of the barrier will vary, depending on the function/s of the habitat, the natural

ENVIRONMENT and the type of development proposed.

Habitats on ridgelines and in gullies and the riparian or littoral habitat areas of

WATER BODIES, WATERWAYS and

WETLANDS are retained and enhanced.

Buildings and structures, roads, driveways, parking facilities, fences, dams, infrastructure, drainage, Bushfire Asset Protection zones, mown parkland and sporting facilities are located outside significant habitat areas.

The introduction of domestic dogs and cats to ecologically valuable areas is limited or eliminated.

Measures are taken to define the physical footprint of the development to:

Make ongoing maintenance and management efficient and effective, and

This requirement now appears later in the same section of the DCP.

This requirement now appears later in the same section of the DCP, and is grouped with other similar requirements.

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Prevent introduced species (eg stock) and weeds, contaminants, nutrients and sediments spreading from the development site into native vegetation.

This could take the form of a physical barrier such as a pathway or fencing.

Note –

It is preferable not to locate fire hazard reduction measures within buffer zones.

This requirement now appears later in the same section of the DCP, and is grouped with other similar requirements.

P8 SIGNIFICANT HABITAT is buffered from external influences.

A8.1

A8.2

A8.3

A suitable buffer and/or barrier is established between development and areas of significant habitat to ensure that they will be maintained in their natural condition.

The width of the buffer or form of the barrier depends on the function/s of the habitat, the natural ENVIRONMENT and the type of development proposed. See Ecological Values - Additional information.

Proposed buffer widths consider the topography, significance of habitat, and the potential impacts of the development.

Note –

Only under exceptional circumstances will APZ and stormwater management devices be permitted to be included within ecological buffer zones.

P8 and A8.1 to A8.3 have been relocated and slightly reworded for clarity.

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P9 Development footprint is kept to a minimum and defined to reduce impacts on the environment.

A9 The physical footprint of the development is defined to ensure:

ongoing maintenance and

management is efficient and effective, buildings, structures, roads, driveways, parking facilities, fences, dams, infrastructure, drainage, Bushfire Asset Protection zones, mown parkland and sporting facilities are located outside significant habitat areas, and

introduced species (eg stock) and weeds, contaminants, nutrients and sediments are prevented from spreading from the development site into native vegetation.

For sensitive areas the boundary of the area is preferably defined by a physical barrier such as a pathway or fencing.

P10 8.

The Awaba Conservation Area is conserved over the long term.

Note –

The Conservation Area is shown in diagram 1.

A10 8.1

Where the Awaba Conservation Area is to be disturbed for resource extraction, site disturbance is limited to 15 percent of the total land holding and/or leasehold that lies within the Conservation Area. This disturbance should not cause

unacceptable impacts on significant habitat or ecological corridors.

P9 and A9 are relocated and expanded provisions that broaden the

requirements for all development to minimise impacts on the environment.

The note is relocated for clarity.

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A10 8.2

Any land disturbed within the Awaba Conservation Area, is rehabilitated with indigenous native species to establish a self maintaining ecosystem as close as possible to the natural state.

Note –

The boundary of the Conservation Area is indicated shown in diagram 1.

As above, note is not deleted it is relocated.

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Ecological Values –

Additional Information

Requirements of Other Legislation

The development proposal must also comply with the requirements of any relevant State or Commonwealth legislation or planning policy. These include, but are not limited to:

Justification:

Information moved to later in the section – reducing repetition.

The Threatened Species Conservation Act 1995 (NSW)

The Native Vegetation Conservation Act 1997 (NSW)(Contact Department of Environment and Conservation) The Environment Protection and Biodiversity Conservation Act 1999 (Contact Environment Australia)

SEPP 14 – Coastal Wetlands SEPP 19 – Bushland in Urban Areas SEPP 26 – Littoral Rainforest SEPP 44 – Koala Habitat Protection Fisheries Management Act 1994

Summary of Flora and Fauna Assessment Requirements

Flora and Fauna Assessment should be undertaken early in the preparation stages of an application, and any flora and fauna issues incorporated into the proposal’s design.

A Flora and Fauna Assessment is required to address the requirements of the Environmental Planning and Assessment Act 1979 (EP&A Act) when the site contains native vegetation or habitat, including aquatic, estuarine or marine habitat. This Assessment should be undertaken by a suitably qualified and experienced person using recognised methodologies and local data (as specified in Council’s Flora and Fauna Survey Guidelines (2001). In many cases, a species specialist will be required and important habitat elements such as trees of hollow bearing age will have to be accurately mapped.

The Flora and Fauna Assessment should address all impacts of the development including provision of services and bushfire hazard reduction works and asset protection zones. All these impacts should be documented on the Development Site Plan.

In most instances the Flora and Fauna Assessment will cover land beyond the development site, particularly if:

(i) establishing the extent of habitat for a population of certain species in an area, or (ii) if the site is part of an ecological corridor, or

(iii) a property management plan is required.

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Refer to the Lake Macquarie Flora and Fauna Guidelines (2001) for:

Justification:

Information moved to later in the section.

(i) further explanation of the legislation,

(ii) further explanation of Council’s requirements (iii) content of a Flora and Fauna Assessment, (iv) acceptable survey methodologies, and (v) mapping requirements.

Depending on the results of the Flora and Fauna Assessment, further survey work may be required to adequately satisfy the Performance Criteria.

Section 5A Environmental Planning Assessment Act 1979 “the Test of Significance”

The native vegetation and habitats of the Lake Macquarie Local Government Area are known to support threatened species, populations and ecological communities. “The Significance Test” is required to be undertaken where development will affect native vegetation or fauna habitat, this includes aquatic, estuarine, marine or other habitat, such as hollow trees and rock outcrops.

“The Significance Test” is used by Council to assist in development assessment and to determine if a Species Impact Statement is required.

The “Significance Test” is currently the Eight Part Test:

1. In the case of a threatened species, whether the life cycle of the species is likely to be disrupted such that the viable local population of the species is likely to be placed at risk of extinction,

2. In the case of an endangered population, whether the life cycle of the species that constitutes the endangered population is likely to be disrupted such that the viability of the population is likely to be significantly compromised,

3. In relation to the regional distribution of the habitat of a threatened species, population or ecological community, whether a significant area of known habitat is to be modified or removed,

4. Whether an area of known habitat is likely to become isolated from currently interconnecting or proximate areas of habitat for a threatened species, population or ecological community,

5. Whether critical habitat is likely to be affected,

6. Whether threatened species, population or ecological community, or their habitats, are adequately represented in conservation reserves (or other similar protected areas) in the regional environment of the species, population or community,

7. Whether the proposed development or activity is of a class of development or activity recognised as a threatening process,

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8. Whether any threatened species, population or ecological community is at the limit of its known distribution.

After the proclamation of the Threatened Species Conservation Amendment Act 2002, Section 5A of the Environmental Planning and Assessment Act 1979 (“The Significance Test” for new development) will be:

Justification:

In the case of a threatened species, whether action proposed is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction, or

In the case of an endangered population, whether the action proposed is likely to have an adverse effect on the life cycle of the species that constitutes the endangered population such that a viable local population of the species is likely to be placed at risk of extinction,

In the case of an endangered ecological community whether the action proposed:

(i) is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction, or

is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction

In relation to the habitat of a threatened species population or ecological community:

(i) the extent to which habitat is likely to be removed or modified as a result of the action proposed,

(ii) whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed action, and

(iii) the importance of the habitat to be removed, modified, fragmented or isolated to the long term survival of the species, population or ecological community in the locality.

Whether the action proposed is likely to have an adverse effect on critical habitat (either directly or indirectly)

Whether the action proposed is consistent with the objectives or actions of a recovery plan or threat abatement plan, Whether the action proposed constitutes or is part of a key threatening process or is likely to result in the operation of, or increase the impact of, a key threatening process.

New development must also be assessed using any existing ASSESSMENT GUIDELINES. Assessment guidelines means assessment guidelines issued and in force under section 94A of the Threatened Species Conservation Act 1995 or, subject to section 5C, section 220ZZA of the Fisheries Management Act 1994.

Key threatening process has the same meaning as in the Threatened Species Conservation Act 1995 or, subject to section 5C, Part7A of the Fisheries Management Act 1994.

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TheEither “Significance Test” must be applied to each threatened species population or ecological community likely to use the site.

If it is concluded by Council that the proposal is likely to have a significant effect on threatened species populations or ecological communities or their habitat, a Species Impact Statement will be required.

Species Impact Statement

Justification:

Application must be made to the Director-General of the NSW Department of Environment and Conservation (or the Director of NSW Fisheries if relevant) prior to the preparation of a Species Impact Statement. The Director General will provide a list of specific matters that need to be addressed. The Threatened Species Conservation Act 1995 (TSC Act) indicates the form and content for a Species Impact Statement. Concurrence from the Director-General of the NSW Department of Environment and Conservation or the Director of NSW Fisheries is required for any proposal that is likely to significantly affect threatened species, populations or ecological communities or their habitat, as listed in the Schedules of the TSC Act and the Fisheries Management Act 1994.

Revision of Studies

Flora and Fauna Assessments, and any additional work undertaken in the assessment of threatened species, ecological communities and their habitats, are only valid for 12 months from the date of publication or the date when field work was conducted.

Flora and Fauna Assessments and Species Impact Statements must include up to date information on:

the determinations made by the Scientific Committees under the Threatened Species Conservation Act 1995, and records, species habitat needs and lifecycles.

Timing

It is important to plan ahead and conduct Flora and Fauna Assessments and/or prepare Species Impact Statements early in the planning stage of development. This is because:

(a) many species are best surveyed at certain times of the year and some species cannot be surveyed outside these optimum periods.

(b) preliminary surveys may identify that further work is required.

(c) the flora and fauna attributes of the site may significantly affect the development design, layout and footprint.

Land Clearing

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The loss of biodiversity as a result of loss and/or degradation of habitat following clearing and fragmentation of Native Vegetation has been listed by the NSW Scientific Committee as a Key Threatening Process under the Threatened Species Conservation Act 1995.

Generally clearing will only be permitted where it is ancillary to and necessary for undertaking or conducting an approved use to the land.

Justification:

Bonds

Council may require a native vegetation protection bond for development that impacts, or is on land containing vegetation that requires protection.

Small sites and minor development

If the area of land affected by the proposal is less than 1000m²and does not contain:

Wetland vegetation communities Rainforest

A corridor

Coastal dunes or headlands Dams, ponds or a watercourse Riparian vegetation

Threatened species populations, endangered ecological community or threatened species habitat.

An application to clear more than five (5) individual trees and the area is not within 40 metres of a SEPP 14 wetland, wetland vegetation community or riparian or littoral habitat.

It is regarded as a small site and/or minor development.

These sites require a lower level of assessment. The minimum survey effort for flora and fauna will depend on the environmental attributes of the site, its location and proximity to other vegetated areas and the type of development.

for small sites and minor development council consent is still required. if the clearing or removal of less than five (5) trees is involved refer to section 2.1.4 tree preservation and management and council’s flora and fauna guidelines (2001).

Property Management Plan

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A Property Management Plan is intended to provide a long-term overview of the management of the entire site.

The Plan should detail information relating to fencing, feral animal control, bushfire management, weed removal and control, site rehabilitation, erosion prevention and nutrient control.

Justification:

Where it is proposed that the site will be used for agricultural uses, the Plan should demonstrate the efficient and sustainable use of the land while maintaining and protecting the site’s ecological values.

Construction Management Plan 1.

The Construction Management Plan should identify detailed information on the construction phase of the development. Matters contained in the Plan include, but are not limited to:

(iv) All disturbance and works associated with the development, (v) Stockpile/storage areas,

(vi) Methods of protecting native vegetation outside the area to be developed, from disturbance, (vii) Methods of clearing, reuse and removal of vegetation,

(viii) Area, total volume and levels of all cut and fill,

(ix) The location and method of supplying infrastructure, waste water systems and access driveway, among other facilities.

The Plan should also include a summary of the Erosion Prevention and Sediment Control Plan or Soil and Water Management Plan as required by 2.1.11 – Erosion Prevention and Sediment Control.

These details may require amendments as a result of engineering design solutions at Construction Certificate stage. Any changes should be provided to Council as a supplement to the Construction Management Plan prior to the commencement of works.

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2.1.2 Ecological Corridors

The INTENT of Council’s requirements is to protect local ecological corridors, and support their regional context and increase the connections between habitats.

Performance Criteria Acceptable Solutions Justification

P1.

ECOLOGICAL CORRIDORS are identified, protected and enhanced on and adjoining the siteover the long term.

A1.1

A1.2

A1.3

Assessment is undertaken to determine the extent to which the site contributes to an ecological corridor, whether or not the site contains all of, part of, or is adjoining an ecological corridor.

Note –

Assessment of ecological corridors will form a component of the Flora and Fauna Assessment undertaken for 2.1.1 – Ecological Values.

Where a development is proposed to impact upon an ecological corridor:

it is demonstrated that no reasonable alternative is available; and

suitable ameliorative measures are proposed.

Development is designed to protect ecological corridor/s within and adjoining the site for their ecological values and natural water system qualities.

The requirement clarifies the intent to consider the long term role of ecological corridors and reflects Council’s objectives to minimise the loss of biodiversity.

Justification:

Amendment is to clarify that protection is to also support regional corridors.

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Performance Criteria Acceptable Solutions Justification P5 The identified ecological function of the

widths of ecological corridor/s is supported over time and within the site are maintained to enhance their identified potential changes to those functions.

A5.1

A5.2

A5.3

Development is designed to respect and address the areas to be maintained in their natural condition.

A suitable buffer and/or barrier between development and ecological corridor/s is established to ensure that they will be maintained in their natural condition. The width of the buffer or form of the barrier will vary depending on the function/s of the corridor, the natural ENVIRONMENT

and the type of development proposed.

Measures are taken to define the physical footprint of the development to:

Make ongoing maintenance and management efficient and effective.

Prevent introduced species and weeds, contaminants, nutrients and sediments spreading from the development site into the corridor area. This could take the form of a physical barrier such as a pathway or fencing.

The requirement clarifies the intent to consider the long term role of ecological corridors and supports Council’s objectives to minimise the loss of biodiversity and maximise native species retention.

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Performance Criteria Acceptable Solutions Justification Buildings and structures, roads,

driveways, parking facilities, fences, dams, infrastructure, drainage, Bushfire Asset Protection Zones, mown parkland and sporting facilities are located outside corridors and SIGNIFICANT HABITAT areas.

Note –

It is preferable not to locate fire hazard reduction measures within buffer zones.

Ameliorative measures could include rehabilitation or replacement of significant habitat, corridors and/or the provision of buffers.

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Ecological Values –

Additional Information

Requirements of Other Legislation

The development proposal must also comply with the requirements of any relevant State or Commonwealth legislation or planning policy. These include, but are not limited to:

The Threatened Species Conservation Act 1995 (NSW)

Justification:

Information was relocated from earlier in this section.

The Native Vegetation Act 2003 (NSW)

The Environment Protection and Biodiversity Conservation Act (Cth)1999 Fisheries Management Act (NSW)1994

SEPP 14 – Coastal Wetlands SEPP 19 – Bushland in Urban Areas SEPP 26 – Littoral Rainforest SEPP 44 – Koala Habitat Protection SEPP 71 – Coastal Protection

Lower Hunter Regional Conservation Plan 2009

Summary of Flora and Fauna Assessment Requirements

Flora and Fauna Assessment should be undertaken early in the preparation stages of an application, and any flora and fauna issues incorporated into the proposal’s design.

A Flora and Fauna Assessment is required to address the requirements of the Environmental Planning and Assessment Act 1979 (EP&A Act) when the site contains native vegetation or habitat, including aquatic, estuarine or marine habitat.

This Assessment should be undertaken by a suitably qualified and experienced person using recognised methodologies and local data (as specified in Council’s Flora and Fauna Survey Guidelines (2001). In many cases, a species specialist will be required and important habitat elements such as trees of hollow bearing age will have to be accurately mapped.

The Flora and Fauna Assessment should address all impacts of the development including provision of services and bushfire hazard reduction works and asset protection zones. All these impacts should be documented on the Development Site Plan.

In most instances the Flora and Fauna Assessment will cover land beyond the development site, particularly if:

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(i) establishing the extent of habitat for a population of certain species in an area, or (ii) if the site is part of an ecological corridor, or

(iii) a property management plan is required.

Justification:

Refer to the Lake Macquarie Flora and Fauna Guidelines (2001) for:

(i) further explanation of the legislation,

(ii) further explanation of Council’s requirements (iii) content of a Flora and Fauna Assessment, (iv) acceptable survey methodologies, and (v) mapping requirements.

Depending on the results of the Flora and Fauna Assessment, further survey work may be required to adequately satisfy the Performance Criteria.

Section 5A Environmental Planning Assessment Act 1979 “the Assessment of Significance Test”

The native vegetation and habitats of the Lake Macquarie Local Government Area are known to support threatened species, populations and ecological communities. “The Assessment of Significance Test” is required to be undertaken where development will affect native vegetation or fauna habitat, this includes aquatic, estuarine, marine or other habitat, such as hollow trees and rock outcrops.

“The Assessment of Significance Test” is used by Council to assist in development assessment and to determine if a Species Impact Statement is required.

The Assessment of Significance Test

(a) In the case of a threatened species, whether the action proposed is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction, or

(b) In the case of an endangered population, whether the action proposed is likely to have an adverse effect on the life cycle of the species that constitutes the endangered population such that a viable local population of the species is likely to be placed at risk of extinction,

(c) In the case of an endangered ecological community or critically endangered ecological community whether the action proposed:

(i) is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction, or

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(ii) is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction

(d) In relation to the habitat of a threatened species, population or ecological community:

(i) the extent to which habitat is likely to be removed or modified as a result of the action proposed,

(ii) whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed action, and

(iii) the importance of the habitat to be removed, modified, fragmented or isolated to the long term survival of the species, population or ecological community in the locality.

(e) Whether the action proposed is likely to have an adverse effect on critical habitat (either directly or indirectly)

(f) Whether the action proposed is consistent with the objectives or actions of a recovery plan or threat abatement plan, (g) Whether the action proposed constitutes or is part of a key threatening process or is likely to result in the operation of, or

increase the impact of, a key threatening process. Justification:

New development must also be assessed using any existing ASSESSMENT GUIDELINES. Assessment guidelines means assessment guidelines issued and in force under section 94A of the Threatened Species Conservation Act 1995 or, subject to section 5C, section 220ZZA of the Fisheries Management Act 1994. These include the Threatened Species Assessment Guidelines – The Assessmetn of Significance (DECC, 2007)

Key threatening process has the same meaning as in the Threatened Species Conservation Act 1995 or, subject to section 5C, Part7A of the Fisheries Management Act 1994.

The “Assessment of Significance Test” must be applied to each threatened species population or ecological community likely to use the site. If it is concluded by Council that the proposal is likely to have a significant effect on threatened species populations or ecological communities or their habitat, a Species Impact Statement will be required.

Biobanking

Biobanking is a voluntary alternative to the threatened species “Assessment of Significance Test” and species impact statements.

A biobanking statement can be obtained for development, unless the development concerned requires approval under the Native Vegetation Act 2003.

A developer should apply for a biobanking statement from the Department of Environment and Climate Change and Water (DECCW). The biobanking statement should then be submitted to Council along with the development application.

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Justification:

To obtain a biobanking statement, the development must demonstrate that it will meet the ‘improve or maintain test’ according to the Biobanking Assessment Methodology.

The ‘improve or maintain test’ must demonstrate that the development:

does not directly impact on biodiversity values in a red flag area; or

does directly impact on biodiversity values in a red flag area, but the Director General of the (DECCW)makes a determination that the development may be regarded as improving or maintaining biodiversity values, and

The direct impacts of the development on biodiversity values at the development site are offset by the retirement of biodiversity credits, and

The Director General of the (DECCW)determines that any direct impacts of the development on on-site and off-site biodiversity values that cannot be mitigated through onsite measures are offset by retiring biodiversity credits.

Further information is available by consulting with the (DECCW).

Species Impact Statement

Application must be made to the Director-General of the NSW Department of Environment and Climate Change and Water (or the Director General of NSW Department of Primary Industries (Fisheries if relevant) prior to the preparation of a Species Impact Statement. The Director General will provide a list of specific matters that need to be addressed. The Threatened Species Conservation Act 1995 (TSC Act) indicates the form and content for a Species Impact Statement.

Concurrence from the relevant Director-General is required for any proposal that is likely to significantly affect threatened species, populations or ecological communities or their habitat, as listed in the Schedules of the TSC Act and the Fisheries Management Act 1994.

Revision of Studies

Flora and Fauna Assessments, and any additional work undertaken in the assessment of threatened species, ecological communities and their habitats, are only valid for 12 months from the date of publication or the date when field work was conducted.

Flora and Fauna Assessments and Species Impact Statements must include up to date information on:

the determinations made by the Scientific Committees under the Threatened Species Conservation Act 1995, and records, species habitat needs and lifecycles.

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Timing

It is important to plan ahead and conduct Flora and Fauna Assessments and/or prepare Species Impact Statements early in the planning stage of development. This is because:

(a) many species are best surveyed at certain times of the year and some species cannot be surveyed outside these optimum periods.

(b) preliminary surveys may identify that further work is required.

Justification:

(c) the flora and fauna attributes of the site may significantly affect the development design, layout and footprint.

Land Clearing

The loss of biodiversity as a result of loss and/or degradation of habitat following clearing and fragmentation of Native Vegetation has been listed by the NSW Scientific Committee as a Key Threatening Process under the Threatened Species Conservation Act 1995.

Generally clearing will only be permitted where it is ancillary to and necessary for undertaking or conducting an approved use to the land.

Trees and native vegetation are to be retained within Asset Protection Zones unless selective thinning is required by the Planning for Bushfire Protection Guideline (RFS 2006).

Note:

An IPA should provide a tree canopy of less than 15% an OPA should provide a tree canopy of less than 30% (pg 51 RFS 2006).

Council may require a corridor protection bond for development on lands identified as containing an ecological corridor.

Small sites and minor development

If the area of land affected by the proposal is less than 1000m²and does not contain:

Wetland vegetation communities Rainforest

A corridor

Coastal dunes or headlands Dams, ponds or a watercourse Riparian vegetation

Threatened species populations, endangered ecological community or threatened species habitat.

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An application to clear more than five (5) individual trees and the area is not within 40 metres of a SEPP 14 wetland, wetland vegetation community or riparian or littoral habitat.

It is regarded as a small site and/or minor development, requiring a lower level of assessment. Minimum survey effort for flora and fauna depend on the environmental attributes of the site, its location and proximity to other vegetated areas and the type of

development.

For small sites and minor development, council consent is still required. If the clearing or removal of less than five (5) trees is involved, refer to section 2.1.4 tree preservation and management and council’s flora and fauna guidelines (2001).

A Site Management Plan

Justification:

A Site Management Plan is required for all development (excluding minor development). The SMP is to coordinate all required plans for a development proposal, minimising conflict and ensuring the plans are achievable.

The SMP is to provide long-term management for the entire site.

SMPs will require the plans listed below applicable to the development proposal and subject site. It will include but is not limited to:

1. A Flora and Fauna Management Plan

The flora and fauna management plan is to include the recommendations and outcomes of any Flora and Fauna Assessment. It will describe how the habitat of the site is to be managed in the long term, supported by mapping. It will include:

Existing ecology of the site and the likely impacts the development will have, and any significant habitat, species, specific trees or other vegetation to be protected, any buffers or barriers proposed,

any rehabilitation areas proposed,

any bonds or Voluntary Planning Agreements proposed, the long term management amelioration measures.

Note: The width of buffers shall consider the significance and purpose of the habitat, the topography of the site and land adjoining and the type of development and likely impacts it will have on the local and regional habitat links.

As a guide minimum vegetation buffer width requirements will vary as follows:

20m to significant vegetation upslope of moderate to low density development (See State Forest Guide to Threatened Species Buffers);

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50-100m for significant vegetation adjoining moderate to high development density and/or where significant vegetation/threatened species habitat/floodplain EECs/SEPP 14 Wetlands occur down slope of development ; 100-200m to any known threatened nest or roost trees

2. Development Site Plan

A Development Site Plan is to identify the location of all development proposed. It is to define a development site area that:

limits the scattering of development;

minimises earthworks by limiting the site gradient to a slope of less than 1 in 5;

minimises hazards such as bushfire, land instability, and flooding;

incorporates the outcomes of the Flora and Fauna Assessment; and

includes infrastructure, drainage, building location, access and where necessary on site waste-water disposal.

In the 7(3) - Environmental (General) and 7(5) Environmental (Living) Zones a development site area is limited to 2500m². Refer to Section 3.2 – Subdivision for further information.

Justification:

3. Property Management Plan

The Plan should detail information relating to fencing, feral animal control, bushfire management, weed removal and control, site rehabilitation, erosion prevention and nutrient control.

Where it is proposed that the site will be used for agricultural uses, the Plan should demonstrate the efficient and sustainable use of the land while maintaining and protecting the site’s ecological values.

4. Construction Management Plan

The Construction Management Plan is to identify detailed information of the construction phase of the development. Matters contained include, but are not limited to:

All disturbance and works associated with the development, Stockpile/storage areas,

Methods of protecting native vegetation outside the area to be developed, from disturbance, Methods of clearing, reuse and removal of vegetation,

Area, total volume and levels of all cut and fill,

The location and method of supplying infrastructure, waste water systems and access driveway, among other facilities.

a summary of the Erosion Prevention and Sediment Control Plan or Soil and Water Management Plan as required by 2.1.11 – Erosion Prevention and Sediment Control.

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The SMP may require amendment due to engineering design solutions at Construction Certificate stage. Any changes should be provided to Council as a supplement to the Construction Management Plan prior to the commencement of works.

Ecological Corridors –

Additional Information

Legislative Requirements

Development proposals must also comply with the requirements of any relevant State or Commonwealth legislation or planning

policy. These include, but are not limited to: Justification:

Threatened Species Conservation Act 1995 The Native Vegetation Act 2003

Water Management Act 2000 (NSW)

Any Plan of Management prepared under the Local Government Act 1993 (NSW) SEPP 14 – Coastal Wetlands

SEPP 19 – Bushland in Urban Areas SEPP 26 – Littoral Rainforests SEPP 71 – Coastal Protection

Development that requires any works within 40 metres of the top bank or shore of a water body, waterway or wetland will be referred to Department of Water and Energy for their ‘ terms of approval’ under Section 91A of the EP&A Act, dealing with Integrated Development.

The Lifestyle 2020 Strategy – Green System Map is a map that identifies important elements of the City’s natural and scenic environment.

Council has prepared a detailed Native Vegetation and Corridors Map that can be used to identify corridors. This map is updated as new remote sensing data and information become available. However, individual site assessment must be undertaken to further refine corridors and identify their function.

The Lower Hunter Regional Conservation Plan 2009 identifies corridors of state significance including corridors for Squirrel Gliders and corridors in Western Lake Macquarie.

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Ecological Corridor Widths

Generally the wider and shorter the corridor, the better, and even a narrow corridor is better than no corridor at all. The wider and more diverse the vegetation within a corridor, the greater the range of species that will use it. Corridors should be surveyed for their condition and ecological function.

Although in many cases Whilst corridor widths and configurations are can be limited by existing constraints and land uses, appropriate corridor widths should be determined with reference to core habitat areas and potential edge effects.

Bonds

Council may require a corridor protection bond for development on lands identified as containing an ecological corridor.

The purpose and value of a corridor should be explicit. Section 2.1.6 Water Bodies, Waterways and Wetlands of this DCP addresses Riparian Corridors.

Justification:

Information was moved from earlier in this section.

Riparian Corridor – is a corridor of vegetation along the edge of a waterway that is intimately linked with the waterway. This corridor

performs numerous functions including filtering run-off and providing habitat for fauna.

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2.1.3 Scenic Values

Links –

2.1.1 – Ecological Values 2.1.4 – Tree Preservation and Management

2.1.9 – Sloping Land and Soils

2.7.1 – Streetscape and Local Character 2.7.5 - Light, Glare and Reflection

2.7.6 - Views

3.1 – Lake, Waterways and Coastline Development

3.2 - Subdivision

Performance Criteria: Acceptable Solutions: Justification:

P1.2 Development visible from or adjoining the coastline, Lake Macquarie or its

waterways, or on ridgelines, maintains and enhances the scenic value of these features.

A1.2 In Zones C and D a Visual Impact Statement is prepared and lodged where the proposal lies within the viewsheds of Significant Features, Viewing Points or Ridgelines, of surrounding Scenic Management Zones and Landscape Setting Units as indicated in the Lake Macquarie Scenic Quality Guidelines (2004).

Justification:

Amendment includes additional links to other sections of the DCP.

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A1.3 Buildings and structures complement their location through:

retaining trees and vegetation with good landscape or ecological value, incorporating appropriate landscaping, minimising cut and fill,

building design compatible with its natural context,

recognition of the energy efficient quality of reflective materials whilst planning to reduce the intrusive nature such materials in some circumstances (exceptions considered on merit for solar panels), and

muted colours or tones.

retaining existing vegetation and incorporating appropriate landscaping, building design, materials and colours.

Note –

Refer to Lake Macquarie Scenic Quality Guidelines (2004) in Guidelines

supporting DCP No.1 Vol 1.

Examples of unacceptable building colours and tones include white, reflective or very vivid colour. Exceptions will be considered on merit for solar panels or other innovative materials.

Amendment offers further direction for development that is highly visible in particularly sensitive areas.

Exceptions to this will be considered for solar panels or other innovative materials.

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Justification:

Captions added to explain the purpose of these pictures.

Norfolk Island Pine – Shingle Splitters Point An example of a landmark tree that can be viewed from afar and is recognised locally.

Plane Tree – Charlestown Mall An example of a tree providing

shade and character to public space.

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An example of a tree lined entry.

Brush Box – Along entrance to Morisset Hospital

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2.1.4 Tree Preservation and Management

The INTENT of Council’s requirements is to maintain a ‘green’ City by protecting native and culturally significant vegetation, bushland and understorey vegetation.

P1

Development maintains or enhances:

The natural bushland character of the City through the protection of trees and bushland,

Trees or groups of trees that have natural heritage significance and/or aesthetic values for the community, STREETSCAPE values where trees form an essential element of the

streetscape,

The integrity and quality of RIPARIAN VEGETATION and the LITTORAL VEGETATION.

Ecological Corridors Ecological Habitat

Significant Species and Communities Urban needs including access to sunlight and shade for heating and cooling and solar access for solar energy.

A1.1

A1.2

An Arborist Report is prepared and lodged:

In support of an application to prune or remove a tree listed on Council’s Significant Tree Register, that meets Council requirements (see Tree Preservation and Management – Additional Information; and/or When requested by Council’s Tree Preservation Officer.

Note –

Refer to the Tree Preservation Guidelines (2006) for the Significant Tree Register in Guidelines supporting DCP No.1 Vol 1.

Methods are specified in support of an application for protecting native vegetation or significant trees from development impacts, are specified.

Amendments refer to the Council’s guidelines for Tree Preservation and Management.

The amendment to the performance criteria requires consideration of access to sunlight and shade for heating and cooling and solar access for solar energy when considering tree preservation and management.

Amendment - minor rewording.

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P1.

.

A1.3

A1.4

A1.5

A1.6

A1.7

Habitat trees are examined by a suitably qualified flora and fauna specialist Where it is not possible to avoid the clearing of a habitat tree measures are to be taken to avoid injury or death of animals likely to inhabit the tree

Where appropriate, alternative habitat is provided eg nest boxes etc

The retention of trees that are threatened species, population or part of an

endangered ecological community or threatened species habitat.

The retention of the trees that are not part of an ecological corridor

Note –

If tree/trees are part of an ecological corridor refer to section 2.1.2

If trees are threatened species, populations, endangered ecological community, or threatened species habitat or form critical habitat then refer to section 2.1.1.

Amendment in line with state government requirements.

A1.8 Where a tree has a diameter greater than 200mm at 1.4m height and is located within 300mm of a boundary fence, the fence is constructed around the treefence.

Amendment clarifies how this diameter is measured

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A1.9 Council may require a tree protection bond for development that affects, or is on land containing trees or groups of trees identified in the Significant Tree Register or of natural or cultural importance.

Amendment offers this as an acceptable solution; it currently appears in the additional information for this section of the DCP.

A1.1 0

Measures are taken to strengthen existing corridors, or reinstate ecological

connectivity through vegetation restoration, planting, construction of effective bridges, tunnels or other devices (see section 2.1.2)

Amendment reflects Council’s aim to maintain and enhance the health of the city’s ecosystems over the long term.

P3 Applications for Tree Removal are to be accompanied and supported by a qualified arborist’s report unless the:

(a) Tree identified for removal is under consideration for placement on the Significant Tree Register.

(b) Tree is already on the Significant Tree Register.

(c) Arborist report is not consistent with the current Arborist Report Requirements.

Links with DCP No 2 and State Policies relating to exempt and complying development

Amendment reflects Council’s

resolution of 16 February 2009 to insert this requirement regarding Tree Removal applications.

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Tree Preservation and Management – Additional Information

When is consent required for clearing or tree removal?

Justification:

Minor typological amendments for clarity.

Refer to Clause 34 Lake Macquarie Local Environmental Plan 2004 Generally, consent is required for the clearing, pruning, or removal of

i. NSW native vegetation,

ii. a NSW native tree, shrub or sapling over three metres high, iii. a tree listed in Council’s significant tree register,

iv. trees or native vegetation that are subject to a condition of development consent that requires them to be retained, and/or

v. any trees or native vegetation that are listed as heritage items or are in a conservation area.

When is consent not required for clearing or tree removal?

Generally consent is not required for: the

1. the removal of hazardous dead trees from residential commercial, industrial, infrastructure or open space zones as long as the tree is not threatened species habitat.

2. clearing trees or native vegetation if Council is satisfied before hand that the tree or native vegetation:

a. is dangerous to life or property, or b. ought to be cleared.

3. tree works and clearing that are within five (5) metres of the outer most projection of an approved building or structure on the subject land to tree trunk at 1.4m height as long as there is no condition of development consent that requires the tree or native vegetation to be retained. The subject land is the land to which the development or building approval relates.

4. clearing of a tree or native vegetation that is within one (1) metre of a sealed driveway to a building for which approval has been granted and on the same allotment.

5. other works Exempt by Clause 34 of Lake Macquarie Local Environmental Plan 2004, or 6. works listed under Part 4 Exemptions of the Tree Preservation Guidelines (2006).

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Interpretation –

In order for Council to be satisfied that a tree is dangerous and ought to be removed, a report from a suitably qualified person is to be submitted to Council.

In addition to the arborist report requirements outlined below, the report must provide evidence to substantiate any claim that the tree is dangerous. Such evidence should document:

Health of the tree

Insect infestations or disease Structural soundness

Substratum condition Root condition

Proximity to property and structures Reasons for danger to life or property

An approved building or structure does not include drainage, excavation, or garden shed; or athe like but does include underground water storage structures and septic tanks.

A sealed driveway is a driveway or car park with an surface such as concrete, pavers, bitumen and alike but does not include gravel.

Note points 3 and 4 above do not apply if a condition of development consent or an approved landscaping plan requires the trees or native vegetation to be retained.

What are the requirements when making application for clearing or tree removal?

The following general information is usually required to be submitted with the application.

a) application on the prescribed form b) the written consent of the land owner

c) details as to the reasons for the removal of the tree d) a description of existing trees and vegetation including:

site plan showing trees to be removed and existing structure species type – botanical and common names if known approximate height, trunk diameter and canopy spread

e) description of the existing trees and native vegetation on the adjoining land within three (3) metres of the side boundaries and where the canopy overhangs the subject land

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f) proposed landscape treatments identifying Trees and vegetation to be retained Methods of retention and/or protection Proposed new plantings

Altered ground levels and erosion and sediment controls

g) where the application will cause injury to a significant tree a report from a suitably qualified arborist is required.

Note –

Trees to be inspected should be identified by ribbon or tape. The amount and level of detail required may vary depending on the circumstances. Additional information may be required. Where the tree is considered to be of some significance detailed reports and/or tests (e.g. a resitograph) may be required.

Arborist Report Requirements Justification:

Amendment offers clarity and further explanation as to Council’s requirements for an Arborist Report

Council requires a suitably qualified and experienced person to prepare an Arborist Report. A suitably qualified person with:

i. the level of qualification for arborists submitting reports to Council being a minimum AQF 5 (Diploma of Horticulture / Arboriculture) or higher,has a qualification level of AQF 5 or higher in Arboriculture or interstate equivalent, and ii. at least five (5) years practical experience in tree diagnosis and reporting, and

iii. no employment /arrangement to remove the tree or vegetation.

The Arborist Report should contain the following information:

1. Name, address, telephone number, qualifications and experience of the arborist of the arborist carrying out the inspection and reporting,

2. Address of the site,

3. Who the report was prepared for, and the aims of the report, 4. Methods and/or techniques used in the inspection,

5. A plan and/or high resolution aerial photo, to scale, accurately showing:

Location of trees on the subject site and any adjoining trees which may be affected by the development, Optimum and minimum tree protection zones,

Lot boundaries,

Proposed development including service, driveways, and any alteration to existing levels and drainage.

6. A table showing, for each tree to be injured, modified, or removed:

Species name, Age/classification, Height,

Trunk diameter at 1.4 metres above ground, Canopy spread,

Health, condition and estimated useful life expectancy.

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7. A dDiscussion of other relevant information, including details on:

all available options, and reasons for recommendations, and of tree hollows or potential hollows for wildlife, and

tree structure/ weaknesses, root form and distribution, pests and diseases and/or a Tree Hazard Assessment, 8. Supporting evidence such as photographs and laboratory results to confirm presence of soil pathogens or support soil

assessment, where relevant,

9. Proposed replacement planting, landscaping and soil remediation,

10. Tree protection measures and a post-construction tree maintenance program that can be used as conditions, should the application be approved,

11. Discussion of all options available, including why they are recommended or not recommended 12. Sources of information referred to in the report,

13. Any other relevant matters.

Tree clearing and removal considerations

Council does not generally support removal of trees listed in Council’s Significant Species Schedule listed in Section 7.2 of the Tree Preservation Guidelines.

Clearing or removal will only be allowed where it is necessary to enable a use permitted on the land that is consistent with the objectives of the land use zone.

Where Council receives an application to remove a tree that is within five (5) metres of a building (for which development consent has been granted) that is on an adjoining allotment, Council will approve the application provided the owners of both properties provide written agreement with the removal of the tree, and the tree is not listed in Council’s Significant Tree Register.

Council must consider certain matters, as shown in Table 1 when assessing whether to approve clearing and tree removal.

Any information that the applicant can provide with respect to these matter will assist in Council’s determination.

Justification:

Amendment clarifies that trees to be removed for access to light for solar energy or passive solar heating would need to be justified.

The following shall not generally be considered as valid reasons to clear or remove a tree.

To erect a front fence, internal fence or a fence adjoining a public reserve Leaf drop into gutters, downpipes or pools

To increase natural light and solar access without written advice;

To improve effect of street light To enhance views

To reduce shade

To reduce fruit, resin or bird droppings Minor lifting of driveways or paths To maintain a fence

Unapproved bushfire hazard control

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Potential damage to sewer mains without written expert advice

Justification:

Amendment was to relocate this comment to offer it as an acceptable solution to address existing performance criteria.

Bonds

Council may require a tree protection bond for development that impacts, or is on land containing trees or groups of trees identified in the Significant Tree Register or of natural or cultural importance.