Lot 78 in DP 750401 76 Lysterfield Road, Orange Proposed

gunninah

Lot 78 in DP 750401

76 Lysterfield Road, Orange

Proposed Residential Subdivision and Development

Ecological & Riparian Assessment Report

F Dominic Fanning

Gunninah

April 2021

f dominic fanning - gunninah 1

LOT 78 in DP 750401

76 LYSTERFIELD ROAD, ORANGE

PROPOSED RESIDENTIAL SUBDIVISION and DEVELOPMENT

ECOLOGICAL & RIPARIAN ASSESSMENT REPORT

April 2021

1 INTRODUCTION

The subject land addressed in this Ecological & Riparian Assessment Report is Lot 78 in DP 750401 (No.

76) Lysterfield Road, Orange. The subject land is located on the southwestern outskirts of the existing

residential area of the town of Orange (Figure 1), and occupies an area of approximately 3.5 hectares.

The subject land is located in an area designated for future urban and residential development pursuant

to Orange Local Environmental Plan 2011 (OLEP 2011); with most of the subject land zoned R1 –

General Residential and the western part zoned RE1 – Public Recreation.

Figure 1 The location of the subject land (65 Lysterfield Road, Orange)

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2 INFORMATION BASE

The undersigned conducted a walked survey of the subject land on 09 April 2021 – inspecting the

vegetation present, taking photographs and observing the topography of the land (see Photographic

Essay in Attachment B).

Existing information regarding relevant threatened and other native biota was also obtained from the

following sources.

• Inspection of the OEH1 Bionet Atlas records for the locality.

• Information contained on the OEH website – including ‘Profiles’ of threatened biota (listed

pursuant to the BCon Act2) and other associated information.

• Inspection of the ‘Protected Matters’ database pursuant to the EPBC Act and information

contained on the EPBC website – particularly with respect to threatened biota.

• The general published literature on threatened biota.

3 ECOLOGICAL ASSESSMENT

The subject land has long been cleared of most of the native vegetation and has been used intensively for

an array of agricultural and rural purposes (including pasture improvement and the grazing of horses).

There are also two residences present on the land; and a number of sheds and other rural infrastructure,

including fencing, yards and a farm dam (see Figure 2; Photographic Essay below); in the northeastern

corner of the subject land.with a small number of native trees also located in the immediate vicinity of the

main dwelling

The vegetation present on the subject land consists primarily of pasture grasses and weeds, with an array

of mostly introduced trees; although there are 16 native trees present on the land, as well as a number of

native shrubs (Arborist Report – Arborsaw 2021).

Virtually all of the trees in the northeastern corner and along the southern boundary are introduced

species. The native trees are located primarily in the western part of the subject land (which is zoned

RE1 Public Recreation) as well as around the main dwelling in the southwest of the subject land. These

latter group of native trees (2 Tasmanian Blue Gums, 1 Ribbon Gum and 3 Argyle Apples) is located

within that portion of the subject land that is zoned R1 – General Residential; and would be removed for

the proposed future development of the subject land.

There do not appear to be any tree-hollows in any of the native trees; and none of the trees present on

the subject land are of any ecological significance.

The subject land is not impaired by the mapping of any ‘Biodiversity Values’ in the Biodiversity Values

Map and Threshold Tool - pursuant to the BCon Act (as discussed below in Chapter 5).

1 Most of the OEH (Office of Environment & Heritage) is now the Environment, Energy & Science (EES) Group which is part of the Department of Planning, Industry & Environment (DPIE).

2 BCon Act – Biodiversity Conservation Act 2016


In addition, the subject land does not contain any habitat or resources that could be of particular relevance

or significance for any threatened biota that could potentially occur on the subject land or in the vicinity.

The highly modified and disturbed nature of the subject land renders it of no relevance with respect to the

survival of any threatened biota.

The subject land is not affected by any ecological values which would constrain future development of the

land in accordance with the zoning by Orange City Council – given its highly modified and degraded

nature and condition.

Further, there is no ecological justification for the retention or protection of any of the trees on the subject

land in any future development of the site in accordance with the zoning by Orange City Council.

Figure 2 The subject land (65 Lysterfield Road, Orange) – illustrating the cleared and modified nature

of the majority of the subject land; with Lysterfield Road on its eastern boundary.

NOTES

• Farm dam in northeastern corner with introduced trees

• Pasture through most of the land

• Small group of mixed native and introduced trees near the residence in the southwest and other native trees in the western part of the land

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4 RIPARIAN ASSESSMENT

There are no natural watercourses present on the subject land – with overland flows draining to the farm

dam in the northeastern corner. There is no likelihood that any natural watercourses existed on the

subject land prior to its modification for rural purposes – given the flat nature of the land and the gentle

slopes present.

The NRAR3 Hydroline mapping of the subject land does not identify any watercourses or streams on the

land

There are no riparian constraints to any future development of the subject land at Orange.

5 NSW BIODIVERSITY CONSERVATION ACT

The Biodiversity Conservation Act 1995 (BCon Act) has modified the Environmental Planning &

Assessment Act 1979 (EP&A Act) by the provision of specific requirements for the consideration and

assessment of the clearing of native vegetation and the potential for impacts on “threatened species”4.

Section 7.7(2) of the BCon Act states that if a "proposed development is likely to significantly affect

threatened species, the application for development consent is to be accompanied by a biodiversity

development assessment report" (BDAR).

Section 7.2(1) of the BCon Act details the following required considerations.

(1) For the purposes of this Part, development or an activity is likely to significantly affect

threatened species if:

(a) it is likely to significantly affect threatened species or ecological communities, or

their habitats, according to the test in section 7.3, or

(b) the development exceeds the biodiversity offsets scheme threshold if the

biodiversity offsets scheme applies to the impacts of the development on

biodiversity values, or

(c) it is carried out in a declared area of outstanding biodiversity value.

Consideration of the proposed subdivision and any future urban development of the subject land at

Orange pursuant to Section 7.2(1) of the BCon Act (see above) provides the following outcomes.

(a) likely to significantly affect threatened species or ecological communities, or their habitats,

according to the test in section 7.3

The proposed development of the subject land at Orange could not conceivably be “likely to

significantly affect threatened species or ecological communities, or their habitats, according to

the test in section 7.3” (or indeed impose any adverse effect on any such biota) – given the

3 The NRAR is the Natural Resources Access Regulator – which administers the Water Management Act 2000 and the Hydroline Spatial Data.

4 The term “threatened species” includes “threatened species, populations and ecological communities” listed in the Biodiversity Conservation Act 2016.


highly modified and degraded nature of the land and the sparsity of even potential habitats or

resources for any such biota that could potentially be present.

(b) the development exceeds the biodiversity offsets scheme threshold if the biodiversity offsets

scheme applies to the impacts of the development on biodiversity values

The proposed clearing of the whole of the subject land at Orange for future development in

accordance with the zoning of the site will not result in the clearing of any “native vegetation” -

other than a few native trees.

Further, as noted above, the subject land is not “included on the Biodiversity Values

Map published under clause 7.3” of the Regulation (as noted above).

(c) It is carried out in a declared area of outstanding biodiversity value

The subject land at Orange is not located “in a declared area of outstanding biodiversity value”.

Given those considerations, the proposed development of the subject land at Orange is not “likely to

significantly affect threatened species” - pursuant to Section 7.2(1) of the BCon Act.

6 CONCLUSIONS

The subject land at Orange (Lot 78 in DP 750401) is already essentially cleared of native vegetation –

with just 19 native trees and virtually no native understorey or groundcover vegetation.

The subject land has virtually no ecological value and absolutely zero riparian value.

There are no ecological or riparian impediments to the full development of the subject land as proposed.

F Dominic Fanning

Gunninah

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FIE

LD

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473 m²

19

460 m²

20

491 m²

1

541 m²

2

573 m²

3

618 m²

41

605 m²

42

233 m²

21

300 m²

50

307 m²

51

324 m²

52

334 m²

53

344 m²

54

356 m²

55

349 m²

56

300 m²

49

307 m²

48

324 m²

47

334 m²

46

344 m²

45

356 m²

44

353 m²

43

618 m²

40

618 m²

39

618 m²

38

605 m²

37

618 m²

35

605 m²

36

618 m²

34

618 m²

33

618 m²

32

605 m²

31

260 m²

22

473 m²

18

473 m²

17

473 m²

16

472 m²

15

472 m²

14

472 m²

13

472 m²

12

472 m²

11

472 m²

10

472 m²

9

472 m²

8

472 m²

7

472 m²

6

472 m²

5

472 m²

4

260 m²

23

260 m²

24

260 m²

25

260 m²

26

260 m²

27

260 m²

28

260 m²

29

235 m²

30

Avenue/Boulevard

- Acer platanoides,Norway Maple

- Acer x freemanii, Autumn Blaze Maple

Natural edge Street



- Acer buergerianum,Trident Maple

- Acer palmatum,Japanese Maple

Town Street With Median

Town Street Eco Link

Laneway

- Eucalyptus bridgesiana , Apple Box

- Eucalyptus viminalis , Ribbon Gum

Town Street



PROJECT: DRAWING TITLE: DRAWING No:REV:

DATE:

SCALE:DRAWN BY:

PROJECT No.NORTH:GENERAL NOTES:

A1

THIS DRAWING IS THE EXCLUSIVE PROPERTY OF THE DEVELOPER & THE REPRODUCTION OF ANY PART WITHOUT THE PRIOR WRITTEN CONSENT OF THE DEVELOPER IS A VIOLATION OF APPLICABLE LAWS. IN NO EVENT SHALL THE DEVELOPER BE HELD LIABLE FOR SPECIAL COLLATERAL, INCIDENTAL OR CONSEQUENTIAL LIABILITY IN CONNECTION WITH THE USE OF THIS DIGITAL DATA ONCE RELEASED FROM THE DEVELOPER'S OFFICE. THIS DRAWING IS TO BE READ & UNDERSTOOD IN CONJUNCTION WITH THE STRUCTURAL, MECHANICAL, ELECTRICAL & / OR ANY OTHER CONSULTANT'S DOCUMENTATION AS MAY BE APPLICABLE TO THE PROJECT PRIOR TO THE START OF ANY WORKS AND FOR ITS DURATION.

LOT NUMBER:

ISSUED BY:

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Z:\Projects- Current\Lysterfield Road 76 Orange\02 SKETCH\REVIT\LysterfieldRoad 76 Orange-ROAD AMENDED.rvt

VNDA006

OCT 2020

VN76 Lysterfield RoadOrange

STREET TREE ANDPUBLIC DOMAIN

LOT 84 DP 750401LOT 200 DP 1258673

REV DATE DESCRIPTION BY

1 21.10.2020 ARBORIST REPORT VN

1 : 600DA006

SUBDIVISION PLAN1


LOT 78 in DP 750401

76 LYSTERFIELD ROAD, ORANGE

PHOTOGRAPHIC ESSAY

The farm dam in the northeast of the subject land and the vegetation in the northern part of the land. The trees in the background are predominantly on lands to the west of the subject land

The southeastern part of the subject land with a shed and grazed pasture. The trees in the background are predominantly introduced pine trees along the southern boundary of the subject land


The southern part of the subject land (grazed pasture) introduced pine trees along the southern boundary of the subject land to the left and several native trees around the dwelling in the right

Trees along the western edge of the subject land with introduced grazed grassland on the subject land in

the foreground

Documents

Lot 78 in DP 750401 76 Lysterfield Road, Orange Proposed