Draft Local Environmental Plan for the Protection of Vegetation and Habitat

4.8. Weeds

Part 4: Blueprint Local Environmental Plan & Development Control Plan

One objective the of Green Corridor Management Strategy was to recommend mechanisms that would protect existing habitat and indigenous vegetation on privately owned land. For this purpose, this strategy includes a Blueprint Local Environmental Plan and a Blueprint Development Control Plan that would protect existing biodiversity from the adverse effects of medium density development and clearing on privately owned land. The proposed planning processes and controls introduce additional measures to the existing planning framework with the purpose of adequately protecting indigenous vegetation and habitat, whilst allowing sympathetic development to occur. The key aim of the controls outlined in the report is to make biodiversity conservation issues integral to planning and management decision making processes and approaches, especially in regard to decisions concerning development density.

The existing planning instruments applying in the four local government areas forming the Upper Parramatta River Catchment currently do not recognise biodiversity issues as a fundamental consideration, although they have been recognised in the Environmental Planning and Assessment Act 1979 as a result of recent amendments. Many of the strategic planning and management directions within the local government areas could potentially be contrary to the objective of biodiversity conservation, by encouraging development of a type and density that is unlikely to be compatible with protecting open space and habitat.

Furthermore, within the Upper Parramatta River Catchment there is no consistency of approach and no consistent terminology relating to biodiversity issues. One of the objectives of this study is to propose a consistent planning approach and definitions of terms, which can apply throughout the catchment area. This will benefit integration and co-operation which is required for the implementation of a catchment based green corridors strategy.

A number of planning instruments and tools have been developed which can be used in different circumstances to promote the conservation of biodiversity within the catchment.These comprise the following:

It is recommended that all councils consider implementation of planning controls along the lines proposed in this strategy. However, following a review of current planning instruments, a few specific recommendations are proposed for each of the four council areas within the Upper Parramatta River Catchment area.

Baulkham Hills Council

• Make amendments to the Residential Development Strategy 1997 and to relevant development control plans to make reference to biodiversity conservation objectives and flora and fauna corridors.

• Make amendments to Development Control Plan No 3 for residential development to introduce guidelines for development adjacent to bushland.

• Introduce guidelines for surveys and assessment of bushland on sites where threatened species issues may arise.

• Review tree preservation provisions under the Environmental Planning and Assessment Act 1979, and the provisions of the Open Space And Landscaping Development Control Plans to take into account the proposals outlined in this study.

• Give consideration to making an S94 contributions plan for acquisition and capital works for the purpose of protecting bushland to maintain the functioning of ecosystems, their services and components.

Blacktown City Council

• Make amendments to Part A of Blacktown Development Control Plan 1992 to include an additional section in Part 3 on 'Native Vegetation and Biodiversity Conservation' along the lines of the blueprint development control plan accompanying this strategy.

• Review the tree preservation provisions with a view to making local environmental plan amendments as outlined in the draft Local Environmental Plan.

Holroyd City Council

• Include objectives for biodiversity conservation in open space zones in the Holroyd Local Environmental Plan 1991, specifically the 6(a) Public open space zone, 6(b) Proposed open space zone, and 6(c) Special purposes open space zone.

• Introduce development control plan provisions to introduce density or other development and design guidelines to ensure that locally indigenous remnant trees and vegetation in existing low density residential area are retained wherever possible.

• Adopt a zoning that will protect significant remnants on privately owned land and maintains open space buffer zones on private land adjacent to green corridors.

Parramatta City Council

• Compile a register of important bushland areas within the LGA under the terms of its Tree Management Policy 1996.

• Adopt a zoning that will protect significant remnants on privately owned land and maintains open space buffer zones on private land adjacent to green corridors.

• Adopt a zoning "Biodiversity Conservation" (7d) that protects bushland containing endangered ecological communities and ROTAP species from adverse effects of inappropriate development and activities, and prohibits activities which would degrade bushland.

A blue print local environmental plan and development control plan were developed as a mechanism for protecting indigenous vegetation and habitat on freehold land as part of the Green Corridors Management Strategy. For this purpose, it is proposed that a Local Environmental Plan for the Protection of Vegetation and Habitat be adopted by each of the four councils in the catchment. An alternative to the adoption of individual LEPs could be the adoption of the planning provisions as a regional environmental plan for the whole catchment under the Environmental Planning and Assessment Act 1979. This would be the most consistent approach to planning controls within the region.

The Blueprint Draft Local Environmental Plan (LEP) for the Protection of Vegetation and Habitat is part of this document, and can be adopted by councils as a supplement to their existing LEPs. This Draft LEP provides the framework and objectives and can be used in conjunction with the Blueprint DCP and the maps that are part of this document.

The LEP would do the following:

Existing zonings are generally unaffected by the draft local environmental plan, except that the plan imposes additional matters to be considered by the Council within corridor areas. However, on land where indigenous vegetation and habitat with significant conservation status exists as part of a corridor, re-zoning to a more appropriate zone is recommended.

The LEP proposes to introduce an additional zone specifically for the protection of remnant vegetation and habitat. This zone would be named ‘Biodiversity Conservation Zone’ with the purpose of protecting indigenous vegetation and habitat from clearing and degradation. The biodiversity conservation zone would have very restricted uses limited to activities that do not adversely affect bushland and habitat.

In its approach to control the clearing and management of indigenous vegetation, the plan adopts a mixture of the principles outlined in State Environmental Planning Policy Numbers 19 and 46 and the Vegetation Management Act 1997. It would be appropriate for the LEP to be an independent document, by revoking State Environmental Planning Policy No. 19 where it applies.

The local environmental plan is supported by a complementary development control plan (DCP) specifying development and management guidelines to clarify the implementation of the local environmental plan. The development control plan is designed to encourage catchment wide uniformity of approach while recognising the individual development control frameworks of each local government area. The blueprint LEP follows on page .6. of this document.

A Blueprint Development Control Plan (DCP) was prepared as a means of protecting habitat and vegetation on all land within the catchment. The DCP contains controls and guidelines for the protection of trees, indigenous vegetation and habitat with the aim of enhancing broad green corridors of private gardens and open space throughout the residential and industrial areas of the catchment. The plan has been designed as a blueprint document, which can be adopted by each of the councils in the catchment to supplement local environmental plan provisions within their current zoning. The structure of the document allows councils to amend the DCP to suit their specific statutory planning framework.

The general aims of the Development Control Plan are to:

1. Protect and preserve indigenous vegetation and habitat in the local government area as part of a network of green corridors;
2. protect the natural biological diversity and natural heritage for its value to the community and importance in achieving the objectives of ecologically sustainable development; and

It is proposed that a development control plan be made under the Environmental Planning and Assessment Act 1979. The plan would be subsidiary to the proposed local environmental plan for the protection of vegetation and habitat and would do the following:

This Plan may be cited as "XX Local Environmental Plan No XX for the Protection of Vegetation and Habitat" and shall be used in conjunction with the Green Corridors Management Strategy for the Upper Parramatta River Catchment.

The general aims of this Plan are to:

1. To protect and preserve indigenous vegetation, habitat and natural biological diversity in the XX local government area as part of the Green Corridor Management Strategy for the Upper Parramatta River Catchment;
2. to protect and enhance the value of natural vegetation and habitat to the community as part of the local and national natural heritage and its importance in achieving the objective of ecologically sustainable development; and
3. to repeal existing tree preservation controls applying to both native and introduced trees in the XX local government area, and replace these with uniform vegetation and habitat preservation controls throughout the area.

1. To conserve and enhance the remnants of plant communities and associated wildlife which were once characteristic of land now within the XX local government area ;
2. to retain and enhance indigenous vegetation and habitat and to restore links that form connected green corridors, which aim at enabling the existing plant and animal communities to survive in the long term ;
3. to protect rare and threatened flora and fauna species and their habitat;
4. to identify, maintain and wherever possible revegetated fauna and flora corridors between remnant areas of bushland as identified in the Green Corridors Management Strategy;
5. to protect bushland and existing landforms for their scenic values, and to retain the unique physical and visual identity of the landscape; and
6. to promote the management of bushland in a manner which is compatible with its conservation and enhancement.

This plan applies to all land within the XX local government area.

This plan replaces the requirement for development consent for clearing of land and tree preservation controls in all local environmental plans and regional environmental plans applying within the XX local government area.

This plan does not affect the operation of Sydney Regional Environmental Plan No 20.

This plan does not apply to land dedicated or reserved under the National Parks and Wildlife Act, 1974.

In this Plan:

Restrictions and controls on development are shown on the table to this clause as follows:

This Clause applies to all land other than that identified as a ‘Green Corridor Vegetation Management Zone’ or ‘Biodiversity Conservation’ in this Plan, including:

• both native and introduced trees exceeding 3 metres in height, being the distance measured vertically between the horizontal plane of the base of the tree which is immediately above the ground and the horizontal plane of the uppermost point of the tree;

• indigenous vegetation or habitat for native animals that is part of or adjoining a green corridor vegetation management zone, or with a conservation status endangered or inadequately conserved or listed under the Threatened Species Conservation Act 1995; and

• individual trees, gardens or indigenous vegetation listed in any Significant Tree and Garden Register or Development Control Plan which may be adopted by the Council.

This Plan prohibits the ring-barking, cutting down, poisoning, topping, lopping, removing, injury, mowing, slashing, burning and wilful or otherwise destruction of any tree or indigenous vegetation to which this clause applies, except with the consent of the Council. Wilful destruction or injury to trees, indigenous vegetation and habitat includes addition of soil or drainage works around the base of a tree and vegetation as well as rubbish dumping.

Consent is not required where:

• the plant is a declared noxious plant under the Local Government Act 1993; or

• the tree is a fruit tree that requires an annual pruning, or is within a timber plantation or an orchard; or

• the tree is of a species identified in a Development Control Plan as having potential to cause damage to foundations and sewer lines, or is of a species that is identified as undesirable in a planning instrument.

Where the Council considers it necessary or desirable to provide more detailed provisions than are contained in this Plan, it may prepare or cause a plan of management to be prepared in respect of indigenous vegetation and habitat to which this plan applies.

Nothing in this plan requires the consent of the Council to be obtained for any activity that is carried out in the ordinary course of occupation, use or management of land, where that activity is carried out in accordance with a plan of management, which has been consented to by the Council pursuant to this clause.

A public authority shall not disturb indigenous vegetation and habitat within a Green Corridor, or on adjoining land unless it has first had regard to the aims and objectives of this Plan, and it is satisfied that any activity that is carried out is consistent with the aims and objectives.

The following principles shall be adopted for vegetation management and protection within a Green Corridor Vegetation Management Zone and adjoining land:

1. New access to areas of indigenous vegetation (including construction of roads and tracks) should be avoided as far as possible, in particular in Bush Regeneration Zones.
2. Indigenous vegetation within Green Corridors Management Zones – Bush Regeneration and Biodiversity Conservation Zone (7d) identified in the local environmental plan, should remain as reserves for the conservation of biological diversity in the long term. No development should occur in these areas, except for activities and uses that assist the rehabilitation, interpretation and appreciation of the natural heritage and biodiversity.
3. The perimeter of urban development adjoining indigenous vegetation should be minimised and should have regard to natural ecological boundaries such as water catchments.
4. New subdivision layout should take into account future land management activities, such as needs for bushfire control, weed control and land stability.
5. Measures should be taken to prevent damage to life and property from bushfires, and to ensure that bushfire management is compatible with the protection of biological diversity.
6. All development and activities should be undertaken in a way that minimises the area, degree, and duration of disturbance, and areas are to be restored with on site resources (topsoil, vegetation, etc).
7. Pollution and waste disposal are major factors leading to weed invasion and the degradation of indigenous vegetation. New development should ensure that adequate pollution and waste management controls are implemented to prevent degradation of indigenous vegetation or habitat.
8. Ensure adequate measures are taken to prevent adverse impacts from changes in surface and subsurface water flows from new development and activities on adjoining land onto Green Corridors.
9. Disturbed areas are to be regenerated with locally indigenous species wherever possible, and measures are to be taken in the design of development and regeneration programs (such as control of disturbance, nutrient minimisation, etc) to ensure that this occurs.
10. Management of indigenous vegetation should retain the distribution, abundance and diversity of native species and communities presently existing on the land, and where appropriate to regenerate or restore pre-existing natural communities.
11. Protection of native fauna requires protection and enhancement of habitat.
12. Threatened native fauna species will utilise most indigenous vegetation within the XX Council area from time to time, and any activities undertaken on the land should be carried out in a manner that ensures that such animals are not adversely affected by the activity.
13. Natural wetlands have an important role in sediment and nutrient filtration, thus maintaining downstream water quality. Functions of existing natural wetlands should be maintained, and clearing, filling or draining in and around wetlands should not occur.
14. Existing areas of indigenous vegetation should be retained to provide fauna and flora habitat, and to preserve visual amenity. Measures should be taken to minimise edge effects from adjoining development, and to minimise the extent of disturbance along perimeters.
15. Large and contiguous areas of bushland are more viable and easily managed than small fragmented ones, and are therefore preferable.
16. Streams should be allowed to respond to hydrological changes with minimum interference. Suitable areas of locally indigenous riparian vegetation should be allowed to regenerate, or be planted along streams.
17. Development should have no adverse effect on the habitat of threatened species, and should as far as possible benefit such species.
18. Indigenous vegetation and landform are important elements in creating the scenic character and cultural identity of the Upper Parramatta River Catchment.
19. Landscape design should be integrated with both the retention of local biodiversity and water management.
20. Trees and indigenous vegetation including understorey plants and habitat for native fauna should be retained and new developments designed to integrate and retain them.

Draft Development Control Plan for the Protection of Vegetation and Habitat

Section 1: INTRODUCTION

1. Title
2. Commencement
3. Purpose of Plan
4. Aims and objectives
5. Land to which Plan applies
6. Definitions

2.1. Information to accompany applications

2.2 Matters for consideration in determining applications

2.3 Application of principles and guidelines

2.4 Approvals required by other agencies

3.1 Application of Principles

4.1 Application of Guidelines

4.2 Guidelines for Settlement Structure

4.3 Guidelines for Biological Diversity

4.4 Guidelines for Land and Water

4.5 Guidelines for Urban Design

This Plan is called "Development Control Plan No XX for the Protection of Vegetation and Habitat".

This Plan commences on XX-XX-XX being the date public notice of the Council's adoption of the Plan appears in a local newspaper.

The purpose of this Plan is:

1. To provide more detailed guidelines on the implementation of ‘Local Environmental Plan for the Protection of Vegetation and Habitat’; and
2. to specify matters to be considered in the determination of development applications made under the Environmental Planning and Assessment Act 1979 .

This plan applies to all land within the XX Council area.

The definitions within Local Environmental Plan for the Protection of Vegetation and Habitat apply to this plan.

Information to accompany applications for development must be adequate to fully describe the nature of the development.

Where a development may affect indigenous vegetation and/or wildlife habitat the following information may be required to accompany a development application or may assist in its determination by the Council:

• Vegetation survey of the land undertaken by a qualified person.

• Fauna survey of the site undertaken by a qualified person.

• Species impact statement (if the development is likely to significantly affect a threatened species of plant or animal or endangered ecological community listed under the TSC Act 1995).

• A plan of management for the land outlining how the land is proposed to be managed in the future.

The Council may specify additional requirements or guidelines for undertaking adequate fauna or vegetation surveys.

The matters required to be considered in determining development applications are specified in Section 90 of the Environmental Planning and Assessment Act 1979.

The Council is responsible for considering a wide range of impacts from development, including the effect on protected and threatened species of native fauna and flora, ecological communities and natural ecosystems.

The Council is required to consider whether there is likely to be a significant direct or indirect effect from the development on threatened species, populations or ecological communities. If there is likely to be a significant effect then a species impact statement is required for that development. In determining whether there is likely to be a significant effect, the following matters must be taken into account:

1. In the case of a threatened species, whether the life cycle of the species is likely to be disrupted such that a 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 will be affected;
6. whether a threatened species, population or ecological community, or their habitats, are adequately represented in conservation reserves (or other similar protected areas) in the region;
7. whether the development or activity proposed is of a class of development or activity that is recognised as a threatening process; and

The principles and guidelines specified in this plan apply to all development proposals.

The principles and guidelines are to be considered by the Council when assessing whether or not development proposals should be approved, and in determining what conditions of approval (if any) should apply.

In some cases, additional approvals may be required from other agencies before a development can proceed.

The following principles relating to vegetation management within a Green Corridor apply and shall be considered in the determination of any application for consent under this or any other environmental planning instrument applying within the XX Council area:

1. New access to areas of indigenous vegetation (including construction of roads and tracks) should be avoided as far as possible.
2. Indigenous vegetation within Green Corridor Vegetation Management Zones and vegetation zoned ‘Biodiversity Conservation’ as identified in the local environmental plan should remain as reserves for the conservation of biological diversity in the long term, and no development should occur in these areas, except for the purpose of compatible and appropriate recreational use.
3. The perimeter of urban development adjoining indigenous vegetation should be minimised and should be designed and constructed in a way that prevents or minimises as far as possible adverse impacts on vegetation and habitat.
4. Indigenous vegetation and habitat should be retained as large and contiguous areas which are more viable and easily managed than small fragmented ones.
5. All development and activities should be undertaken in a way that minimises the area, degree, and duration of disturbance, and areas are to be restored with on site resources (topsoil, vegetation, etc).
6. Pollution and waste disposal are major factors leading to weed invasion and the degradation of indigenous vegetation. New development should ensure that adequate pollution and waste management controls are implemented to prevent degradation of indigenous vegetation or habitat.
7. Ensure adequate measures are taken to prevent adverse impacts from changes in surface and subsurface water flows from new development and activities on adjoining land onto Green Corridors.
8. Disturbed areas are to be regenerated with locally indigenous species wherever possible, and measures are to be taken in the design of development and regeneration programs (such as control of disturbance, nutrient minimisation, etc) to ensure that this occurs. Measures should be taken to prevent damage to life and property from bushfires, and to ensure that bushfire management is compatible with the protection of biological diversity.
9. New subdivision layout should take into account future land management activities, such as needs for bushfire control, weed control and land stability.
10. Management of indigenous vegetation should retain the distribution, abundance and diversity of native species and communities presently existing on the land and where appropriate to regenerate or restore pre-existing natural communities.
11. Protection of native fauna requires protection and enhancement of habitat.
12. Threatened native fauna species will utilise most indigenous vegetation within the XX Council area from time to time, and any activities undertaken on the land should be carried out in a manner that ensures that such animals are not adversely affected by the proposed development or activity.
13. Natural wetlands have an important role in sediment and nutrient filtration, thus maintaining downstream water quality. Functions of existing natural wetlands should be maintained, and clearing, filling or draining in and around wetlands should not occur.
14. Existing areas of indigenous vegetation should be retained to provide fauna and flora habitat, and to retain visual amenity. Measures should be taken to minimise edge effects from adjoining development, and to minimise the extent of disturbance along the perimeter.
15. Streams should be allowed to respond to hydrological changes with minimum interference. Suitable areas of locally indigenous riparian indigenous vegetation should be allowed to regenerate, or be planted along streams.
16. Development should have no adverse effect on the habitat of threatened species, and should as far as possible benefit such species.
17. Indigenous vegetation and landforms are important elements in creating the scenic character and cultural identity of the Upper Parramatta River Catchment.
18. Landscape design should be integrated with both the retention of local biodiversity and water management.
19. Indigenous vegetation including both trees and understorey plants as well as habitat should be retained as far as possible. New development should be planned, designed and constructed to integrate and retain them.

The following guidelines apply and shall be taken into account in considering proposed development within the XX Council area. Guidelines are included for the following issues:

Settlement Structure

• Subdivision layout

• Biodiversity

• Bushland
• Streams
• Natural Wetlands
• Native Fauna
• Non native Fauna
• Weeds
• Threatened Species
• Fauna and flora corridors

Land and Water

• Streams and stormwater
• Erosion, sediment and dust control
• Excavation and filling
• Land rehabilitation
• Bush fires

Environmental Design

• Paving
• Construction works
• Tree preservation
• Landscape design
• Waste disposal
• Cultural and historic sites

Guidelines/Acceptable Practice/Standard Conditions

• On lots directly fronting bushland it is necessary to have on site drainage controls and on site fuel reduction zones to minimise bushfire hazards. This should be within a bushland setback zone a minimum width of 10 metres from adjoining bushland.

• Development must aim to maximise the conservation of the natural features of the site (including rock outcrops, cliffs, soil profiles, watercourses, important fauna habitats and rare or threatened plant habitats).

• Perimeter roads are desirable from the point of view of bushfire control but may not be feasible if site disturbance is to be minimised.

Guidelines/Acceptable Practice/Standard Conditions

• Before any activity with potential to disturb bushland is carried out, a plant survey will be undertaken by a specialist to establish an inventory of the species present, and any specific management requirements for particular plants, and to determine the importance of the bushland on the site (in conjunction with any adjoining bushland) and conservation alternatives.

• Measures will be taken to prevent disturbance to existing vegetation, including roots, water regime, and surrounding soil.

• Management of bushland and adjoining land should retain dominant native species and allow natural processes to continue. Natural vegetation communities are self sustaining and may change over time according to changes in environmental factors such as climate, bushfires and other factors.

• Where land disturbance occurs, bush regeneration is the preferred method of rehabilitation.

• Management of bushland should regard the value of the vegetation as fauna habitat. In particular, old trees (both living and dead), fallen logs, bush rock and a diverse vegetation structure including understorey species should be maintained for fauna habitat.

• Indigenous vegetation is not to be removed from Green Corridors or adjoining land. Non indigenous vegetation removed from the site is to be disposed of away from bushland to avoid spread of seed, or introduction of additional nutrients. Trees may be removed or cut only where they are hazardous to public safety, or where they are a weed or non-native species.

• Locally indigenous species should be used for revegetation and restoration of bushland.

Guidelines/Acceptable Practice/Standard Conditions

• Development should minimise disturbance to existing natural vegetation, drainage regime, watercourses, wetlands and overland flow paths, as well as aquatic habitat.

• Building or site development is to maintain pre-development surface and groundwater flows.

• Developments in the vicinity of streams (or likely to have a significant effect on streams )should monitor stream conditions prior to, during and after any development to ensure compliance with stream biodiversity objectives.

Guidelines/Acceptable Practice/Standard Conditions

• Any activity undertaken is to prevent any net loss of wetland area, and measures will be taken to ensure that there is no degradation of the quality of wetlands.

• There shall be no reclamation, filling or draining which results in any loss of, or disturbance to wetlands or other associated natural habitats and vegetation communities.

• Each individual wetland site is different and contains a unique combination of plants, animals, and geological characteristics. Where any activities or works are proposed, an evaluation of the specific information relating to the site is to be compiled and taken into consideration.

• To protect wetland ecosystems, grazing of natural wetlands by domestic stock should not occur unless strictly controlled and restricted, and carried out on an intermittent basis.

Guidelines/Acceptable Practice/Standard Conditions

• Impacts on fauna and flora and habitat are to be taken into consideration whenever any development or management activity is proposed.

• Fauna surveys shall be undertaken prior to any development works likely to affect the habitat of any threatened native fauna.

• Re-introduction and release of native fauna will only be permitted where it is reasonably likely that the land on which the animal is to be released forms part of the individual animal's expected home range.

• Exercising or training of domestic animals (e.g. horses, dogs, cats, etc) is an activity which is incompatible with the protection and management of native fauna and habitat.

• Trees and shrubs should be encouraged to regenerate along road verges to make it easier for fauna species to cross roads and create additional habitat links.

• Blocks of vegetation (desirable minimum width 150 metres), with a width to length ratio as small as possible should be retained or allowed to naturally regenerate to provide fauna habitat outside Green Corridors.

• Old trees, whether living or dead, and fallen timber, branches and leaves, leaf litter, and bush rock are not to be cut or removed from the site as they provide fauna habitat.

• A greater diversity of vegetation and a mix of habitat types is likely to provide for a greater range of native species.

Guidelines/Acceptable Practice/Standard Conditions

• Domestic pets such as dogs and cats should not be kept in the vicinity of bushland or should be confined and controlled at all times.

Guidelines/Acceptable Practice/Standard Conditions

• Weed control refers to control of non indigenous native plants, particularly invasive species. An important element of weed control is an understanding of the causes of weed invasion and taking measures to minimise these causes.

• Monitoring is to be undertaken to identify and respond to the occurrence of new plant species which pose a potential threat to indigenous vegetation.

• Weed control techniques are to minimise negative environmental impacts. Different techniques are required in varying situations, especially along watercourses, which are very sensitive to pollution impacts. An important part of control is the regular monitoring of weeds in natural areas on an ongoing basis.

• Weed invasion of indigenous vegetation communities occurs mainly as a result of the following factors:

• physical site disturbance
• increased soil moisture due to runoff from adjacent areas
• increased nutrients from runoff or waste dumping
• increased light levels due to clearing or die-back
• increase in weed propagules and seed dispersal agents

• Measures are to be taken to prevent the occurrence of factors leading to weed invasion.

• Noxious weeds are declared under the Noxious Weeds Act, 1993 and are plants posing a threat to agriculture, the environment or the community. Noxious weeds are to be removed as soon as possible. There is a legal obligation on landowners, and Council to remove these plants from their properties.

Guidelines/Acceptable Practice/Standard Conditions

• Where a significant effect is likely to arise from a development proposal, a species impact statement must be submitted with the development application. The criteria for determining whether there is likely to be a significant effect are listed under section 5A of the Environmental Planning and Assessment Act 1979, and will normally require applicants to carry out a fauna and flora survey of the affected land.

• Fauna and flora surveys should be undertaken by specialists to identify the presence, absence and likelihood of threatened species being present on, or utilising the site. Such surveys should as far as possible comply with accepted standards or Council guidelines for surveys.

Guidelines/Acceptable Practice/Standard Conditions

• Measures will be taken to avoid fragmentation of vegetation in natural areas by roads, tracks, services, and the like. As far as possible, natural areas should be retained in contiguous, compact areas as large as possible, with the minimum length of edges.

• The preferred use for Green Corridors is as a biodiversity reserve or conservation of indigenous vegetation, or development which is compatible with the retention of indigenous vegetation such as nature based recreational use.

• No clearing of indigenous vegetation should occur in green corridors.

• Road signs could be erected where corridors cross roads to alert motorists to the significance of fauna at these sites.

• Green Corridors are not to be further fragmented by roads or any other development.

• Non essential roads and tracks in Green Corridor Areas are to be closed and rehabilitated.

• Horse riding causes damage to tracks and indigenous vegetation, spread of weeds and introduction of nutrients, and should not occur in Green Corridor Areas. Any designated horse riding tracks are not to be located in undisturbed bushland areas, and regular maintenance is required, especially to control track damage and erosion.

Guidelines/Acceptable Practice/Standard Conditions

• Continuous indigenous vegetation should be retained along streams.

• The preferred use for land adjacent to streams is protection and rehabilitation of indigenous vegetation to maintain a buffer along the stream.

• A 20 metre setback from perennial streams to development or site disturbance is desirable.

• No site disturbance should occur within 10 metres from a non perennial stream or significant natural drainage line.

• Revegetation of streams should be undertaken with suitable locally indigenous species, and the Council may provide a list of such species.

• On development sites runoff, roof water and rainwater from paved surfaces shall be discharged and retained on the site.

• Existing ground levels on the site are not to be altered to accommodate buildings other than to allow minor changes to surface levels to assist in drainage, and shall not be altered without prior consent of Council.

• Sediment and biological nutrient filter basins are to be provided above the 1 in 100 year flood level of the watercourse to the satisfaction of the Council. All weather access is to be available to such basins. An open drainage system is to be provided for the disposal of water from the sediment and biological nutrient filter basins to the existing watercourses.

• Submission with the engineering construction plans of a comprehensive survey of the main watercourse and a detailed drainage investigation which establishes the estimated 1 in 100 year flood level.

• All sediment, erosion and nutrient control facilities are to be installed prior to the commencement of any works and regularly maintained during the period of construction as well as after completion of the development.

• The water quality of the main watercourse is to be monitored for pollutants prior to the commencement of works and at regular intervals during construction. The monitoring is to be undertaken in accordance with Environment Protection Authority guidelines and to the satisfaction of Council.

• Irrigation is to be minimised on any lawns or mowed areas to avoid runoff and a raised water table.

• Landscaping should comprise drought resistant native plants, to reduce the amount of water required.

• Natural hydrological processes are to be maintained where possible, including natural vegetation and the flow regimes to maintain creek line stability and health of terrestrial and aquatic plant communities.

• Measures will be taken to control and minimise as far as possible nutrients entering watercourses, water bodies or groundwater.

• All activities are to ensure adequate controls to prevent soil erosion and sedimentation and are to be inspected periodically.

• Water quality entering natural areas is to be maintained at a level which is acceptable for sustainable natural area management, as far as possible maintaining pre development conditions. Additional runoff is not to discharge into bushland areas. Special design requirements apply for pipe discharges into bushland including measures to ensure dissipation of stormwater velocity. Permeable ground surfaces are to be maintained as far as possible and on site disposal of stormwater should occur.

Guidelines/Acceptable Practice/Standard Conditions

• An erosion management plan is to be prepared and submitted to Council for approval prior to physical commencement of the development. Measures are to be taken to ensure that soil erosion is minimised and such measures are to be complied with during the carrying out of the development.

• Any development or land use on the site is to be undertaken in a manner which will inhibit the occurrence of soil erosion and existing natural vegetation is to be retained wherever possible.

• Trees and ground covers shall not be disturbed in order to minimise soil erosion during the construction phase. Details of methods and extent of any intended site clearing and disposal of spoil and vegetation shall be submitted to Council for approval with the engineering plans.

• Those areas of the site that do not need to be disturbed during the construction phase are to be fenced off and protected prior to work commencing. The ongoing maintenance of protective fencing has to be ensured during the full length of construction,

• All mulch used in rehabilitation works is to be obtained from clean native vegetation removed from the site during construction. No outside mulch is to be introduced to the site.

Guidelines/Acceptable Practice/Standard Conditions

• Development is to consider the impacts of filling which substantially changes the level of land and its character. Filling is to be minimised as much as possible.

• There is to be no adverse impact of filling on surrounding properties, local drainage systems and existing vegetation.

• There shall be no fill within 10 metres of adjoining bushland and any fill in the vicinity of bushland shall use only local material.

• Material which is likely to be hazardous or dangerous and/or to have an adverse environmental effect including combustibility and toxicity, is not be used.

• Full details are to be provided with a development application, including proposed fill material, level of finished fill, extent of proposed fill in relation to adjoining property, methods of controlling erosion and siltation, effect of fill on adjoining property, particularly in relation to water flow, and material to be used and compaction method.

• Fill from the same property should be used as far as possible in order to minimise spread of weeds. Fill likely to be contaminated by weeds is not to be used or imported onto the site.

• There should not be more than 500 mm of cut or 500 mm of fill on any land within a Green Corridor, on bushland or on adjoining land.

Guidelines/Acceptable Practice/Standard Conditions

• Local native seed and other plant material is to be collected from the site for rehabilitation works and propagation for subsequent landscape works. Seed is to be collected, identified and stored by a suitably qualified person.

• Degraded areas should be rehabilitated to increase their value to fauna. This is important for improving the value of the identified Green Corridors.

• A qualified bush regeneration team is to be employed for not less than 12 months following the completion of large-scale works to undertake the removal of weeds and the maintenance of the adjacent bushland to the satisfaction of Council.

• Natural regeneration is to be encouraged, primarily by fencing and total exclusion of non native grazing stock.

• Genetic material from local sources will be used for revegetation and restoration work in natural areas as far as possible.

• To create habitat links, the applicant can be required to revegetate a suitable nominated area of land with locally indigenous species, connecting to a habitat and/or vegetation network and to the satisfaction of the Council.

• Where land disturbance occurs, bush regeneration or bush reconstruction is the preferred method of rehabilitation.

Guidelines/Acceptable Practice/Standard Conditions

• All buildings and improvements should be located so as to minimise the risk of loss from wildfire and suitable measures should be taken to control fire to the satisfaction of Council's Fire Control Officer.

• Different species have varying sensitivity to fire and may require varying fire frequencies and intensities for survival, and these requirements are to be considered in undertaking any management activities involving the use of fire.

• A fuel reduction zone (firebreak) of not less then ten (10) metres is to be established and maintained around the perimeter of any new lot, to be established with minimum soil disturbance.

• Adequate water reserves for fire-fighting are to be provided.

• Sub-floor areas of buildings are to be bricked in or otherwise enclosed to prevent fires underneath buildings.

• Metal fly-wire screens are to be fitted to all doors, windows and openings on buildings to prevent litter and other burning material from entering the building when windows break as a result of heat during a fire.

• Construction of and alterations to buildings is to be in accordance with Australian Standard AS 3959-1991 - Construction of Buildings in Bushfire Prone Areas.

• Periodic weed monitoring and control needs to be undertaken after bushfires and hazard reduction burning.

• As far as possible, the frequency, time of year and intensity of bushfires in indigenous vegetation is to approximate the natural conditions, in order to maintain the species diversity and vegetation structure characteristic before European settlement.

Guidelines/Acceptable Practice/Standard Conditions

• New residential development shall not have impermeable surfaces covering more than 40% of the total site area.

• Discharge of stormwater and nutrients from impermeable surfaces into bushland is to be minimised as far as possible.

Guidelines/Acceptable Practice/Standard Conditions

• Suitable controls shall be imposed on development to prevent impacts on indigenous vegetation and habitat during the construction period, including monitoring and fencing to minimise impacts.

• During the period of construction, suitable barriers are to be erected around all trees and remnant indigenous vegetation located within 3 metres of the work site. Suitable barriers would include 2 metre high hardwood posts 100 mm X 50 mm secured by 8 gauge wires at 300 mm centres.

• Measures are to be taken to control and prevent any soil erosion, sedimentation and stormwater runoff during and following the construction period to prevent the spread of weeds and exotic plants and siltation of watercourses.

• Roads and driveways should be constructed with minimal earthworks and in such a manner as to allow 0n-site sediment and weed control structures in accessible locations.

• All plant operators and supervisors shall be briefed on the conditions which are to apply in relation to the development, and this is to occur prior to works commencing.

• There should be no encroachment onto bushland or public land in Green Corridors, Biodiversity Conservation Zones, Nature Reserves for stockpiling of materials or dumping of refuse. No spoil or fill is to encroach upon those areas or adjacent bushland/public reserve during the duration of works.

• No interference to the flows in the watercourses in Green Corridors during the construction of the proposed culverts and/or roads and associated works.

• All temporary drainage, silt and sediment control devices are to be removed at the completion of construction works and disturbed areas restored to the satisfaction of Council.

• During the construction period, a sign of approximately 2 metres by 2 metres is to be erected to display particulars relating to the proposed works, including the name of the developer, the project supervisor, the contractor, a contact number for complaints or inquiries, and the hours of work. The sign is to be maintained in good condition during the construction period.

• There shall be progressive site stabilisation and restoration during the construction process.

• Measures shall be taken to minimise the compaction of soil by heavy machinery.

• Works are to be completed in stages (clearing, topsoil stripping, relocation of topsoil, mulching, planting, etc) and shall follow the principle of isolating stockpiles of different materials to prevent contamination.

• As far as possible, there shall be no introduced fill from off the site. On site soil material shall only be used where it has a minimal weed content.

• Following construction, all areas immediately adjoining indigenous vegetation shall be restored, as far as possible reinstating the plant species, structure and dynamics of the pre existing indigenous plant communities. Strategies should be adopted which maximise the natural recovery of those plant communities. Restoration shall ensure that weed invasion of nearby natural areas is minimised.

• Drainage works shall only be undertaken where these do not adversely affect the natural drainage patterns on the land, and where the works are essential to protect roads, services, buildings or other improvements on the land.

• Earthworks shall be minimised as far as possible, and are to be undertaken in a manner to ensure that the necessity for rehabilitation is minimised.

• Materials (including concrete, gravel, topsoil, etc) shall be stockpiled in such a way as to prevent nutrients from leaching into watercourses or into groundwater systems.

Guidelines/Acceptable Practice/Standard Conditions

• All trees and indigenous vegetation and habitat including understorey belonging to an endangered ecological community on the site are to be retained and no tree or indigenous vegetation is to be removed or in any way damaged –wilfully or otherwise- without Council’s written consent.

• All measures shall be taken to prevent damage to indigenous vegetation and habitat and other trees and root systems during site works and construction.

• Measures are to be taken to prevent damage and disturbance to tree roots by cutting of roots, loss of water, soil compaction or build up of soil.

Guidelines/Acceptable Practice/Standard Conditions

• Landscaping should include indigenous plant species as far as possible propagated from plants with local genetic material.

• Submission of a detailed landscaping plan indicating species, areas of planting, and mature heights to accompany the submission of the building application to Council's landscape plan guidelines.

• Noxious and exotic plants which occur on the site are to be removed after evaluation of their value as habitat and to Council’s satisfaction prior to the completion of works

• Formal gardens and cultivation are not compatible with retention of natural vegetation, and new gardens with indigenous plants should not be established in Green Corridors or on land where the main objective is to retain indigenous vegetation.

Guidelines/Acceptable Practice/Standard Conditions

• Rubbish Dumping (including garden waste) is not permitted and any lawn clippings are to be disposed off site or in a manner that does not affect natural vegetation, or encourage the spread of weeds.

• Waste that could affect groundwater quality or nutrients is not to be disposed of except in Council controlled facilities.

• The applicant is to demonstrate that any excavated or demolished material has been disposed of to the satisfaction of Council. Documentation of the disposal site is to be provided to Council with the building application.

Guidelines/Acceptable Practice/Standard Conditions

• The cultural significance of bushland areas is to be considered in the evaluation of development proposals.

• Vegetation associated with items of the built heritage is to ensure that invasive species are controlled and where possible replaced with non invasive species.

Schedule 1 - List of Noxious Plants in XX Council area declared under the Local Government Act 1993

Schedule 2 - List of Undesirable Plants in XX Council area or Plants that may Cause Damage

Including willows, Liquid Amber, African Olive, Camphor Laurel, Privet

(to be inserted by each council when adopting DCP)