NILLUMBIK PLANNING SCHEME

SCHEDULE 1 TO THE ENVIRONMENTAL SIGNIFICANCE OVERLAY

Shown on the planning scheme map as: ESO1-C1 to ESO1-C55

CORE HABITAT

1.0 Statement of environmental significance

This schedule applies to Core Habitat, which is the most intact and significant indigenous vegetation and habitat within the Shire of Nillumbik as identified in the Nillumbik Sites of Significance Review Rural Areas, Abzeco 2014. Core Habitat areas generally support a high cover and diversity of relatively ‘intact’ remnant indigenous vegetation. These areas have a high species diversity and conservation significance and support the most significant stands of vegetation.Core Habitat areas contain contiguous remnant patches of moderate to high quality canopy vegetation that provides suitable structure for fauna of conservation significance. Appropriate management is required to conserve and enhance Nillumbik’s biodiversity. Core Habitat requires the highest level of conservation and enhancement. Built form is subordinate to the landscape and these areas need to be properly managed to ensure that they are protected and where possible 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 land containing Core Habitat. To protect and enhance habitat corridors and ecological stepping-stones. To encourage development to be located on sites or parts of sites which are the most

environmentally degraded or devoid of native vegetation. To encourage development that is compatible with the conservation and protection of

the area’s ecological values. To ensure that development responds to the area’s environmental and landscape

characteristics, including topography and waterways and has regard to bushfire risk. To minimise earthworks. To ensure that the subdivision of land does not have a detrimental impact on the

ecological values of Core Habitat. 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 the native vegetation

cannot be avoided, through appropriate planning and design. To appropriately compensate for the loss of native vegetation. To retain, protect and enhance habitat for flora and fauna species recognised as

threatened at the municipal, state and federal level. To retain native vegetation and ensure the long term, sustainable management of land. To protect natural resources, waterways, ecological processes and biodiversity.

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3.0 Permit requirement

Building and worksA permit is not required to construct a building or to construct or carry out works on land subject to Schedule 1 to the Special Use Zone where: The responsible authority has approved a Development Plan as required in Schedule 1

to the Special Use Zone; The development is generally in accordance with the Site Concept Plan that forms part

of Schedule 1 to the Special Use Zone and the approved Development Plan; and The land is not within the ‘Single Dwelling Lot’ shown in the Site Concept Plan

contained in Schedule 1 to the Special Use Zone. 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 or amenity purposes, including: shelter belts, woodlots, street trees, or gardens. This exemption does not apply if 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: 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.

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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 native trees within 10m of the proposed development.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.

SubdivisionAn 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 alignment 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.

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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.

VegetationAn 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 with habitat zones, ecological vegetation

classes and scattered trees identified.Location of proposed works and areas where vegetation is proposed for removal.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.

An Ecological Assessment including:Flora and Fauna A description of the types and relative distribution of Ecological Vegetation Classes

(EVCs) and floristic communities present on site. Identification and location of any trees >40cm DBH and any trees with hollows. A Habitat Hectare assessment. A description of the main types of fauna habitats present on site and species likely to be

utilising the site for foraging, roosting, breeding, nesting and occasional visiting. A list of flora and fauna species recorded on site. 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 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 each species. A flora and fauna survey and/or a targeted threatened species search when required by

council. Impacts on native vegetation A description of the native vegetation to be removed, lopped or destroyed, including:

• The reason for the native vegetation removal.• The location of habitat zones, patches of native vegetation, scattered trees and vegetation

condition. • The extent of proposed vegetation loss including the species, number and size of trees.• Mitigation measures proposed to avoid and minimise adverse impacts on flora.• 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.• An arborist’s assessment of any trees which are proposed to be removed, destroyed or

lopped 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.

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5.0 List of Sites

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Site No Site description

C1 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.

C2 This site includes catchments of the Stony Creek upstream of research-Warrandyte Road and Laughing Waters Creek upstream of Mt Pleasant Road.

C3 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.

C4 The site is bordered in the north by the Sugarloaf Reservoir, Skyline Road to the south and bisected by the now disused Maroondah aqueduct.

C5 This site is predominately the Sugarloaf Reservoir and adjoining land.

C6 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.

C7 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.

C8 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.

C9 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.

C10 This site covers large stands 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 southward along Bannons Lane.

C11 This site surrounds the townships of Arthurs Creek, Arthurs Creek runs north to south through the site.

C12 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.

C13 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.

C14 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.

C15 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.

C16 This site includes two distinct stands of Red Ironbark occurring between Kendalls Lane and Boyds Road west of Hurstbridge and on Ironbark Road near Broad Gully Road south-east of Yarrambat.

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C17 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.

C18 This site includes land between the Cottles Bridge-Strathewen Road and Mine Road, centred on Barreenong Road, Cottles Bridge.

C19 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.

C20 This site includes two areas of Red Ironbark along the Kangaroo Ground- St Andrews Road between Panton Hill and Smiths Gully.

C21 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.

C22 This site includes bushland located north of One Tree Hill, crossing Buttermans Track at Marshalls Road before linking to the Kinglake National Park.

C23 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.

C24 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.

C25 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.

C26 This site includes larger bush blocks 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.

C27 This site includes the Diamond Creek from School Road at St Andrews to Kinglake National Park at the north end of Ninks Road.

C28 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.

C29 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.

C30 This site is dissected by the Arthurs Creek from above the Chadds Creek confluence through to Kinglake National Park.

C31 This site includes Chadds Creek from its confluence with Arthurs Creek to Kinglake National Park.

C32 This site covers largely private land south of Hildebrand Road, south and west of Mittons Bridge Road and Cleeve Court in the west.

C33 This site includes the Foothill catchments of the Deep and Running Creeks between Brennans Road East and Kinglake National Park.

C34 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

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Jumping Creek.

C35 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.

C36 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.

C37 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.

C38 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.

C39 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.

C40 This site includes Kinglake National Park and the upper catchment of Running Creek.

C41 This site includes Kinglake National Park between Bald Spur Road and Everard Trail.

C42 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.

C44 This site includes the Diamond Creek which runs north south through the site to the Yarra River that forms its southern border.

C45 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.

C46 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.

C47 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 Knox Park.

C51 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.

C52 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.

C53 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.

C54 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.

C55 This site includes the catchment of Diamond Creek between the ridgelines of Bannons Lane and Ironbark Road. It is bounded on the east side by Hurstbridge township and residential land in Yarrambat to the south.

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6.0 Decision guidelines

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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 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, regional, 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/YYYYYProposed C101

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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

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