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
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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.
f dominic fanning - gunninah 5
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
LY
ST
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FIE
LD
RO
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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
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472 m²
9
472 m²
8
472 m²
7
472 m²
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472 m²
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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 platanoides,Norway Maple
- Acer x freemanii, Autumn Blaze Maple
- 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
- Acer platanoides,Norway Maple
- Acer x freemanii, Autumn Blaze Maple
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
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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
f dominic fanning - gunninah 7
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