EXAMPLES OF BIODIVERSITY ACTIONS

Example 1: Local Environmental Plan - Planning Controls

Sutherland Shire Council’s Local Environmental Plan (LEP) includes an Environmentally Sensitive LandTerrestrial Biodiversity clause which is a relatively standard clause and is also used in a similar manner by a number of Council’s. This clause states:

(1) The objective of this clause is to maintain terrestrial biodiversity by

(a) protecting native fauna and flora, and

(b) protecting the ecological processes necessary for their continued existence, and

(c) encouraging the conservation and recovery of native fauna and flora and their habitats.

(2) This clause applies to land identified as “Environmentally Sensitive Land” on the Terrestrial Biodiversity Map

(3) In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider

(a) whether the development is likely to have

(i) any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and

(ii) any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and

(iii) any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and

(iv) any adverse impact on the habitat elements providing connectivity on the land, and

(b) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

(4) Development consent must not be granted for development on land to which this clause applies unless the consent authority is satisfied that

(a) the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b) if that impact cannot be reasonably avoided by adopting feasible alternatives the development is designed, sited and will be managed to minimise that impact, or

(c) if that impact cannot be minimised the development will be managed to mitigate that impact.

Underpinning the clause is the biodiversity mapping which identifies where this land applies. Council developed biodiversity mapping for the whole LGA to inform where the control applies. This mapping includes locally ground truthed vegetation communities including Critically Endangered Ecological Communities (CEECs), Endangered Ecological Communities (EECs) and regionally significant vegetation communities. Local mapping and ground truthing of vegetation is a key part of the process because regional scale mapping is not granular enough to adequately capture all environmentally sensitive lands. Mapping procedures have been developed by various Councils (for example Sutherland, Hornsby, Ku-ring-gai and Blue Mountains) and these mapping approaches could be adopted by Council. An example of Sutherland Council’s mapping is shown in Figure 6

An important part of this approach is mapping environmentally sensitive lands (ESLs) such as koala corridors and other environmentally sensitive areas. Within the planning framework ESL is used specifically in SEPPS such as the Exempt and Complying Development Codes State Environment Planning Policy (Codes SEPP) and provides additional protections or ‘switches off’ the Codes SEPP for complying development in these mapped areas.

Example 2: Development Control Plan - Planning Controls

As well as the Local Environmental Plan mapping outlined above Ku-ring-gai Council have also undertaken detailed ‘Greenweb’ mapping which is included in the Development Control Plan (DCP), which Council periodically reviews. Council’s Greenweb mapping included core biodiversity lands (green), supporting biodiversity lands (light green) as well as biodiversity corridors (light orange) as well as landscape remnant (blue) and canopy remnant vegetation (orange). An example of this mapping included in the Ku-ring-gai Council DCP is shown in Figure 7

The mapping includes predominantly native vegetation but also includes exotic vegetation where it contributes to connectivity between core habitat and where it provides other biodiversity values.

Part 18 of Ku-ring-gai Council’s DCP includes objectives and controls which are based on the different categories within the different categories (core, support, corridor, etc).

For example, objectives for biodiversity corridors include

- to reduce edge effects to improve local ecosystems

- consolidating fragmented and linear vegetation and habitat areas

- widths of corridors should be enhanced

Example 3: Hornsby Councils Green Offset Code

Hornsby Shire Council has developed a Green Offset Code (the Code). The Code applies when a development is expected to impact native vegetation and provides a mechanism through which negative impacts on native vegetation at one site are offset by positive actions at another suitable site. The green offset code applies only after all other measures to avoid and minimise impact have been adopted.

The offsetting provides for three different types of offset actions:

- protection: a legal mechanism that provides for future land owners to manage the land as conservation lands through a covenant, rezoning of lands or similar. This can apply to the development land or someone else’s land

- enhance and protect: identified sites are enhanced and protected to improve their ecological integrity

- create and protect: works to create new habitat in areas adjacent to existing habitat or other identified suitable areas

The Code species the

- type of vegetation communities and offset approach (typically like for like)

- requirements for suitable land

- multipliers for different categories of vegetation

- calculation methods for offsetting

- requirements for plans, fees and guarantees

Example 4: Native vegetation urban area interface

The boundary between urban areas and native vegetation interface is a key consideration. This boundary needs to both minimise the impacts of urban development on existing native vegetation and to reduce the impacts of native vegetation on development (such as the impact of bushfires). The boundary also provides an opportunity for appropriate recreational opportunities for the communities including nature based recreation as well as active transport and micromobility opportunities.

An example of a development control that addresses the urban area and native vegetation interface area developed by Central Coast Council and included in the Council’s DCP is shown in 8. An implementation example for this which has been adopted at West Yamba is shown in 9

Action Timing

Quick wins:

Build on Council’s Urban Tree Management Strategy and Yamba Street Tree Masterplan and undertake analysis to determine the required tree sizes and soil volumes required to achieve a 40% canopy target for new development. Review the Northern Rivers Development and Design Manual and develop a locally appropriate amendment for a minimum zone for street trees within the streetscape free of utility assets

1. Build on the existing Urban Tree Management Strategy and the Yamba Street Tree Masterplan to set appropriate targets for minimum tree canopy for streets in new development areas

2. Build on the existing Urban Tree Management Strategy and the Yamba Street Tree Masterplan to provide street tree design guidelines, new street tree planting establishing requirements, and design specifications for new development including size and species of trees to achieve the canopy targets and minimum soil zones

3. As part of the Urban Street Tree Masterplans determine the existing tree canopy cover for existing urban areas and establish minimum targets for canopy cover on private and public land

4. Consider employing a Tree Preservation Officer

5. Develop guidelines for retention of existing native and non-native trees in new development and rural road reserves, including a review and update of the existing Roadside Vegetation Management Plans for rural areas

6. Expand the Yamba Street Tree Masterplan to other urban centres across the LGA including species lists and assessment of existing tree canopy cover

7. Review the relevant DCPs to consider inclusion of appropriate landscaping guidelines and related planting requirements for all new development

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Street Tree Canopy Cover Opportunity

There is a significant opportunity to retain existing trees and plan for better street trees in new development areas in both residential and employment lands to achieve increased canopy cover in both the streets and private lots. The figure below shows the canopy cover in new employment lands (Yamba) and new residential developments (Townsend).

Examples Of Street Tree Canopy Actions

Example 1: Wilton Growth Area DCP 2021 – street cross section

Wilton is a significant new growth area in Greater Sydney with a new town centre, employment lands and more than 9,000 new homes proposed as part of the growth area. Wilton is located about 80km south west of Sydney’s central CBD and 40km from Mittagong in the NSW southern highlands.

The Wilton Growth Area Development Control Plan (DCP) was developed so that new development is consistent with the vision of creating a liveable new place in the natural environment.

A part of the DCP, section 3.5 has controls on street trees including

- target to achieve 40% tree canopy

- prioritising retention of existing trees

- street tree species list including preference for diversity of planting

- acceptable locations (for example not located in carriageway)

- adequate space including clearances and root barriers

- sufficient space for the tree and consideration of deep soil zones and water source for trees

- minimum tree pot size (100L)

A key part of the Wilton DCP (section 3.14) is the provision of typical spatial allocations and street cross sections for the road reserve. Plans and sections are shown for a range of road types including sub-arterials, collectors, local streets and laneways are provided in the DCP

An example of a local street is shown in 10. This figure shows that:

- a minimum dedicated space for trees has been allocated on both sides of the street

- a dedicated shared services trench has been identified on each side of the road, outside of the street tree zone

- minimum width 1.5m footpaths have been provided on both sides of the street

Example 2: Street tree implementation during development phase

The Banyan Hill development in Ballina provides an example of implementation of street trees in a new development (refer Figure 11) Although the previously existing trees and vegetation were removed as part of site preparation a number of components were implemented and provide some lessons for other subdivision development:

- an indicative street and lot plan which shows an approved driveway location and adequate clearances from street trees for each individual house builder/owner (refer Figure 13)

- changes from the approved driveway location require separate approval

- implementation of street trees at the initial earthworks and civil construction stage and protection of trees through staking of the trees (refer Figure 12)

- 1.8m construction fencing for individual lots does not extend beyond the footpath and the street tree is separated from the house construction site (refer Figure 12)

- design guidelines including requirements for at least one medium to large canopy tree in the front yard (refer Figure 14)

- design guidelines including recommended tree species (refer Figure 14)