Buffer Habitat ESO Feb 2015 - Nillumbik Council · Web view10/27/2015 18:18:00 Title Buffer Habitat ESO Feb 2015 Last modified by Paige Krygger Company DOI

NILLUMBIK PLANNING SCHEME

SCHEDULE 2 TO THE ENVIRONMENTAL SIGNIFICANCE OVERLAY

Shown on the planning scheme map as: ESO2-B1 – ESO2-B55

Buffer Habitat

1.0 Statement of environmental significance

This schedule applies to Buffer Habitat, referred to as Low – Moderate Habitat in the Nillumbik Sites of Significance Rural Areas, Abzeco, 2014.Buffer Habitat is environmentally significant for its strategic role in protecting and contributing to the conservation and health of Core Habitat. Buffer Habitat areas generally provide suitable structure and flora species for fauna of conservation significance. Appropriate protection and management is required to conserve and enhance Nillumbik’s Buffer Habitat for its significant ecological and strategic significance. Any development of land in Buffer Habitat should be located in those areas that are the least intact or devoid of vegetation to minimise detrimental impacts on identified environmental values. Built form is subordinate to the landscape and these areas need to be properly managed to ensure that these distinctive features are protected and enhanced.The reference numbers shown on the planning scheme maps correspond with the list of sites at Clause 5.0 of this schedule.

2.0 Environmental objectives to be achieved

To protect and enhance the ecological values of Buffer Habitat. To encourage development to be located on sites or parts of sites which are the most

environmentally degraded or devoid of native vegetation. To ensure that development responds to the area’s environmental and landscape

characteristics, including vegetation, topography and waterways and has regard to bushfire risk.

To minimise earthworks. To prevent further decline in biodiversity through maintaining the current extent and

quality of native vegetation by avoiding the removal of native vegetation. To minimise the removal of native vegetation, if the removal of native vegetation

cannot be avoided, through appropriate planning and design. To appropriately compensate for the loss of native vegetation. To ensure that subdivision of land does not lead to a decline in the ecological integrity

and environmental values of Buffer Habitat and adjacent or linking Core Habitat. To conserve and where possible enhance habitat for local, state and nationally listed rare

and threatened flora and fauna. To protect and enhance habitat corridors and ecological stepping stones. To protect natural resources, ecological processes and biodiversity.

ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 2 PAGE 1 OF 9

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3.0 Permit requirement

Building and worksA permit is not required to construct a building or construct or carry out works for: An alteration or extension to an existing dwelling provided all of the following are met:

The alteration or extension does not increase the site coverage of the dwelling; and The alteration or extension does not include works within 5 metres of any native

vegetation where a permit is required to remove, destroy or lop by this Schedule. An outbuilding normal to a dwelling, provided all of the following are met:

The gross floor area of the outbuilding is less than 25m2; and The outbuilding is situated more than 5 metres from any native vegetation where a

permit is required to remove, destroy or lop by this Schedule. Works provided that all of the following are met:

The works are less than 500mm in depth; and The works are undertaken at a distance more than 5 metres from any existing native

vegetation protected by this Schedule. A permit is not required for works undertaken by a public authority in accordance with a management plan endorsed by the responsible authority.A permit is required to construct a fence. This does not apply if the fence is: Of post and wire construction, not greater than 1.4 metres in height, has no more than 5

horizontal strands of plain wire where a minimum gap of 30cm is maintained between the ground level and the lowest wire and contains no barbed wire; or

Of post and wire and mesh construction, not greater than 1.4 metres in height with mesh squares no less than 15cm in width, has no more than 5 horizontal strands of plain wire where a minimum gap of 30cm is maintained between the ground level and the lowest wire and contains no barbed wire; or

Of rabbit proof mesh construction, not greater than 1.4 metres in height with rabbit proof mesh no more than 5cm in width and contains no barbed wire.

A permit is not required to remove pest animal burrows for the purpose of vermin control provided the works area is reinstated back to natural ground level and a permit is not required to remove, destroy or lop vegetation under this Schedule.

VegetationA permit is not required to remove, destroy or lop vegetation if: The vegetation is identified as a pest plant in the Nillumbik Shire Council

Environmental Weeds List 2015 as incorporated in this scheme. The vegetation has been planted or grown for aesthetic and amenity purposes, including

shelter belts, woodlots, street trees, or gardens. This exemption does not apply vegetation was planted for conservation purposes with public funding.

4.0 Application requirements

Buildings and works

An application to construct a building or construct or carry out works must be accompanied by the following information, as appropriate, to the satisfaction of the responsible authority:


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A site plan (drawn to scale) including:Dimensions of any existing building envelope with setbacks to all boundaries.The setbacks of buildings and works to all boundaries.The location, extent and type of vegetation on the site.Accurate and detailed existing and proposed finished site levels. The location, proposed gradient and finished level at the top and toe of all batters.Cross sections to illustrate the extent of cut and fill.Details of retaining walls including height, materials and if required, drainage.The location, gradient and alignment of driveways and any associated earthworks. The location, type and size of any effluent disposal system including any effluent

envelope.The location of any easements.The location, depth and width of proposed underground services and trenches.

Complete building elevations detailing wall height above natural ground level and overall height above natural ground level.

Floor plan including finished floor levels. The proposed external building finishes and colours. A written report detailing how adverse environmental impacts will be avoided, or where

they cannot be avoided, minimised so that the biological integrity of the area is conserved and protected. Measures to be undertaken to minimise environmental impacts during the construction period, including soil conservation, waterway and vegetation protection measures.

An arborist’s assessment of any trees which are proposed to be removed for safety reasons.

If in the opinion of the responsible authority any requirement is not relevant to the evaluation of an application, the responsible authority may waive or reduce the requirement.

Subdivision

An application to subdivide land must be accompanied by the following information, as appropriate to the satisfaction of the responsible authority: A site analysis, documenting the site in terms of land form, vegetation coverage and the

relationship with surrounding land, and a report explaining how the proposed subdivision has responded to the site analysis.

A site plan (drawn to scale) including:Contours of the land.A dimensioned building envelope with setbacks to all boundaries. A dimensioned effluent envelope, as appropriate, with setbacks to all boundaries and

drainage lines. The setbacks of existing buildings to all boundaries.The location, extent and type of vegetation on the site.The location, gradient and camber of any existing or proposed driveways and any

associated earthworks. The location, type and size of any effluent disposal system including any effluent

envelope.The location of any existing or proposed easements.



The location, depth and width of proposed underground services and trenches. A written report detailing how adverse environmental impacts will be avoided, or where

they cannot be avoided, minimised so that the biological integrity of the area is conserved and protected. This includes avoiding or minimising the likely impact of the proposed subdivision and possible future development of the lots, including (but not limited to) impacts resulting from:Removal of vegetation including for the implementation of defendable space where

required.EarthworksChanges to the hydrology and drainage pattern.

Measures to be undertaken to minimise environmental impacts during the construction period, including soil conservation, waterway and vegetation protection measures.


Vegetation

An application to remove, destroy or lop native vegetation must be accompanied by the following information, as appropriate, to the satisfaction of the responsible authority:An assessment including: A site plan (drawn to scale) showing:

The boundaries of the site.The location of any buildings and any other structures on site.The location and extent of native vegetation, mapped according to Ecological Vegetation

Classes.Topographic information including ridges, crests and hilltops, streams and waterways,

drainage lines, slopes of more than 20 percent, low lying areas and areas of existing erosion and salinity.

A description of the native vegetation to be removed, destroyed or lopped, including:The reason for the native vegetation removal.The species of vegetation, Ecological Vegetation Class, its conservation significance and

habitat zones.The species, number and size of trees.

A written explanation of the steps that have been taken to avoid and minimise the loss of native vegetation and biodiversity improvement actions to compensate for the loss.

A description of any flora and fauna species that are rare or threatened at the municipal, state or national level, that have been recorded within 1.5 kilometres of the site or which are known to be or likely to be present at the site, including:The conservation status of each species.An assessment of the likelihood that the site provides habitat for each species and the

impact of the proposal on the habitat of each species.Actions to avoid and minimise adverse impacts.

A flora and fauna survey and/or a targeted threatened species search when required by council.




5.0 List of Sites


Site No Site description

B1 This site includes the northern and southern tributary catchments of the Dry Creek, running between Reynolds Road, Orme Street, Kangaroo Ground-St Andrews Road and Eltham-Yarra Glen Road.

B2 This site includes catchments of the Stony Creek upstream of Research-Warrandyte Road and Laughing Waters Creek upstream of Mt Pleasant Road.

B3 This site is roughly bordered by the Yarra River to the south, in the north and east by Henley Road and Kangaroo Ground-Warrandyte Road to the west.

B4 The site is bordered in the north by the Sugarloaf Reservoir, Skyline Road to the south and bisected by the now disused Maroondah Aqueduct.

B5 This site is predominately the Sugarloaf Reservoir and adjoining land.

B6 This site is bordered to the south by the Yarra River and Skyline Road to the north. The now disused Maroondah Aqueduct runs east-west through the eastern part of the site.

B7 This site includes Watsons Creek and its local catchments of the Flyers Gully Creek, Sugarloaf Creek and Stevenson Creek between the Oxley Bridge and the Eltham-Yarra Glen Road Bridge.

B8 This site is bisected by Watsons Creek and local catchments between the Eltham-Yarra Glen Road bridge and upstream of the Five Mile Creek confluence. The Eltham-Yarra Glen Road runs east to west through the site.

B9 This site includes a linear section along the Arthurs Creek from Arthurs Creek to Strathewen. The broadest section occurs in the extreme south at the confluence of the Arthurs and Running/ Deep Creeks. For much of its length, this site is fringed to the south by orchards that may be close to the top of the creek bank.

B10 This site covers large blocks of vegetation and connected linear sections along Arthurs Creek from Acacia Road to about 1 km upstream of Chapel Lane, Nutfield, with a section extending to the west along Doctors Gully Road and southwards along Bannons Lane.

B11 This site surrounds the townships of Arthurs Creek, the Arthurs Creek runs north to south through the site.

B12 This site includes Dunmoochin Road between Barreenong Road and Patullos Road, Cottles Bridge, taking in road reserves along Bareenong Road, Dunmoochin Road, Patullos Road and Christian Road. This site includes the Dunmoochn artist colony and conservation area.

B13 The site occurs east of Flat Rock Road and includes the catchments of Cherry Tree Creek from Kangaroo- St Andrews Road to the east and Church Road in the north.

B14 This small site comprises the Kalbar Reserve, a high conservation value municipal reserve in Kalbar Road, Research. This relatively isolated patch of high quality vegetation was set aside specifically for the protection of a localised population of Rosella Sider Orchid and its habitat.

B15 This site includes Red Ironbark ridges and intervening valleys to the west of Flat Rock Road, from the Kangaroo Ground- St Andrews Road (south of Dawson’s Road) to north of Dewar Drive, Hurstbridge.

B16 This site includes two distinct stands of Red Ironbark occurring between Kendall’s Lane



and Boyds road west of Hurstbridge and on Ironbark Road near Broad Gully Road south-east of Yarrambat.

B17 This site runs adjacent to the Hurstbridge, Wattle Glen and Diamond Creek townships. It includes the Diamond Creek, lower reaches of tributaries (e.g. Watery Gully and Scrubby Creeks) and adjacent catchments from Scrubby Creek Wattle Glen to opposite Bambara Road, Hurstbridge.

B18 This site includes land between the Cottles Bridge- Strathewen Road and Mine Road, centred on Barreenong Road, Cottles Bridge.

B19 This site includes catchments of Red Shirt Gully Creek between Cottles Bridge and Panton Hill, it is bounded by Heidelberg- Kinglake Road, Church Road, Kangaroo Ground- St Andrews Road and Bellfield Road.

B20 This site includes two areas of Red Ironbark along the Kangaroo Ground- St Andrews road between Panton Hill and Smiths Gully.

B21 This site includes One Tree Hill, 2.5km NNW of Christmas Hills. Land use includes land formerly acquired for the catchment of the proposed Watsons Creek Dam and now included into the Warrandyte State Park northern reserve system along with One tree Hill Bushland Reserve.

B22 This site includes bushland stretching north of One Tree Hill, crossing Buttermans Track at Marshalls Road before linking to the Kinglake National Park.

B23 This site includes Plenty River and local catchment from upstream of Smugglers Gully to the southern boundary of Carome Homestead. Land use includes Plenty Gorge Park, municipal reserves and private bushland.

B24 This site includes the Plenty Gorge from Memorial Drive to upstream of Smugglers Gully. Although some of the land fronting the Plenty River is included in the Plenty Gorge park large areas remain in private ownership.

B25 This site includes the lower and middle reaches of the Smiths Gully Creek, east and south-east of St Andrews township and abuts the residential areas of St Andrews to the north-west.

B26 This site includes larger bushblocks surrounded by the Cottles Bridge-Strathewen Road, Shaws Road, Hildebrand Road and Hewitts Road and adjoining smaller blocks on the north side of Hewitts Road.

B27 This site includes the Diamond Creek from School Road at St Andrews to Kinglake National Park at the north end of Ninks Road.

B28 The site is bordered to the north-east by the Kinglake National Park and west by Buttermans Track. Site 28 includes the catchments of Watsons Creek along a southern spur (Yarra Ridge) of the Great Dividing Range downstream of Kinglake National Park and Reedy Creek flows north south through the site.

B29 This site includes the lower and middle reaches and intervening areas of the Yow Yow and Wild Dog Creeks, abutting Kinglake National Park to the north-east of St Andrews.

B30 This site is dissected by the Arthurs Creek from above the Chadds Creek confluence through to Kinglake National Park.

B31 This site includes Chadds Creek from the confluence with Arthurs Creek to Kinglake National Park.

B32 This site covers largely private land south of Hildebrand Road, south and west of Mittons Bridge Road and Cleeve Court in the west.

B33 This site includes Foothill catchments of the Deep and Running Creeks between Brennans Road East and Kinglake National Park.



B34 This long narrow site is broken into two linear sections both following the northern bank of the Yarra River at Warrandyte. The western section runs from Laughing Water Road to Pound Tunnel with the second section running from Pound Bend at Werona Way to Jumping Creek.

B35 This site is bounded by the Plenty River to the south and west, Oatlands Road to the east and Memorial Drive, River Avenue and the Plenty River to the north.

B36 This site includes Yarra River from Petty’s orchard to Pound Bend. Land use includes Sweeny’s Flats, Yarra Valley Park and Warrandyte State Park.

B37 This site adjoins the Diamond Creek township with Perversi Avenue marking the northern extent, bordered to the east by Reynolds Road and south by the disused Maroondah Aqueduct and Allendale Road and extending across to the west side of the river flats on the Diamond Creek at Challenger Street Wetland.

B38 This site includes stands of bushland and biolinks running from west of Yan Yean Road through to Ironbark Road, including the upper catchment of Sawpit Gully Creek in the south-east.

B39 This site includes the southern escarpment of the Great Dividing Range between National Park Road and Bald Spur Road. The site is bisected by the Bowden Spur transmission line easement.

B40 This site includes Kinglake National Park and the upper catchment of Running Creek.

B41 This site includes Kinglake National park between Bald Spur Road and Everard trail.

B42 This site includes Kinglake National Park from the Everard Trail/ Cookson Hill track to the east along the border with the Shire of Yarra Ranges.

B44 This site includes the Diamond Creek which runs north south through the site to the Yarra River that forms its southern border.

B45 This site includes bushland along Diosma Road, Eucalyptus Road, Gum Tree Road and Reynolds Road, Eltham and private land in between. The site is bisected north-south by Reynolds Road.

B46 This site includes the Diamond Creek from Wattle Tree Road bridge Eltham to Allendale Road Eltham North. Land use includes Eltham North Reserve, Edendale Farm and private adjoining house blocks.

B47 This site is within the Eltham residential area to the west of main Road. It includes the Diamond Creek from Dalton street to Wattle Tree Road, Scenic Crescent Reserve and Alistair Know Park.

B51 This site includes the catchments of Watsons Creek lying between the Eltham- Yarra Glen Road at Kangaroo Ground and Clintons Road at Smiths Gully including the Long Gully Creek and an unnamed creek joining downstream of the Eltham-Yarra Glen bridge.

B52 This site includes the catchments of the Stewart Ponds Creek upstream from roughly Brocks Road to Ridge Road and Running Creek Road in the north.

B53 This site includes the Diamond Creek from Cottles Bridge – Strathewen Road in Cottles Bridge to School Road in St Andrews and the hills and gullies to the west of the creek. It is roughly bordered along the east side by the Heidelberg- Kinglake Road.



B54 This site includes the catchment of the Doctors Gully Creek from Nutfield to Doreen as two large blocks that are roughly bounded between Yan Yean Road, Doctors Gully Road and Bannons Lane.

B55 This site includes the catchment of Diamond Creek between the ridgelines of Bannons Road and Ironbark Road. It is bounded on the east side by Hurstbridge township and residential land in Yarrambat to the south.

6.0 Decision guidelines


Before deciding on an application, the responsible authority must consider, as appropriate:General The extent to which the proposal will reduce the ecological values and function of Buffer

Habitat areas and habitat linkages. The extent to which the proposal will reduce the ecological values and function of any

adjacent Core Habitat areas and habitat linkages. The results of any survey of biological values (flora and/or fauna), taking into

consideration when the assessment was undertaken, seasonal conditions and whether it was undertaken by a suitably qualified person.

The impact of the proposal on species of flora or fauna which are threatened at the municipal, state or national level and the extent to which provisions are made to minimise or manage those impacts.

Whether appropriate land management practices are outlined in a Land Management Plan or equivalent.

The extent to which the proposal includes any measures for environmental rehabilitation. Vegetation Removal The type, extent, quality and conservation significance of any vegetation to be removed. Whether the removal of native vegetation has been avoided. The extent to which the removal of vegetation will contribute to the fragmentation and

isolation of any existing flora or fauna habitat. Buildings and works Whether the proposal adopts appropriate siting, design and management measures to

avoid then minimise any adverse impacts on indigenous vegetation, habitat values, hydrology, land stability, habitat corridors, ecological stepping stones and adjacent open space.

The extent to which the development minimises the need for earthworks. The design and materials used to construct any proposed fencing and its impact on fauna

movement. The extent to which the proposed development avoids impacts on areas where offsets

provided under Clause 52.17 for previous developments have been provided or where offsets have been protected through Section 173 agreements.

Subdivision Whether the subdivision adopts lot sizes, boundary alignments and layouts, road network

and open space areas that will avoid, then minimise, any adverse impacts on indigenous vegetation, habitat values, hydrology, land stability, habitat corridors, ecological stepping stones and adjacent open space.



The extent to which the proposed subdivision avoids impacts on areas where offsets provided under Clause 52.17 for previous developments have been provided or where offsets have been protected through Section 173 agreements.

7.0 Meaning of termsDD/MM/YYYYProposed C101

For the purpose of this clause ‘ecological stepping stones’ are a series of small non-connected habitats which are used to find shelter, food or to rest areas that provide connection between core habitat.For the purpose of this clause’ pest animal’ means any pest fauna species listed in the Nillumbik Shire Council Invasive Species Action Plan 2015. For the purpose of this clause ‘planted for conservation purposes’ means revegetation for landcare, bush tender, waterway rehabilitation or similar purposes.

8.0 References

Nillumbik Sites of Significance Review Rural Areas, Abzeco June 2014Sites of Faunal and Habitat Significance in North East Melbourne 1997Biodiversity Strategy 2012Invasive Species Action Plan 2015



Documents

Buffer Habitat ESO Feb 2015 - Nillumbik Council · Web view10/27/2015 18:18:00 Title Buffer Habitat ESO Feb 2015 Last modified by Paige Krygger Company DOI