NILLUMBIK PLANNING SCHEME
DD/MM/YYYY
Proposed
C101
SCHEDULE 3 TO THE ENVIRONMENTAL SIGNIFICANCE OVERLAY
Shown on the planning scheme map as: ESO3
Environmentally Significant Habitat in Township and Residential Areas
1.0
DD/MM/YYYY
Proposed
C101
Statement of environmental significance
Much of the Shire’s significant remnant vegetation exists within township and suburban
residential areas. These areas include the rural townships of Panton Hill, St Andrews and
Hurstbridge and the Shire’s residential areas such as Eltham, Research, North Warrandyte
and Greensborough. These areas contain environmentally significant habitat that includes
contiguous remnant vegetation, clearly identifiable habitat links and areas which provide
habitat for flora and fauna species recognised as threatened at the municipal, regional, state or
federal level, such as the habitat for the Eltham Copper Butterfly.
Development in the Shire’s ecologically significant township and residential areas within
environmentally significant habitat areas needs to balance the township’s environmental
values and significant habitat against its urban purpose, particularly to avoid any adverse
impacts on threatened flora and fauna species.
2.0
Environmental objectives to be achieved
DD/MM/YYYY
Proposed C101
 To ensure that development responds to the area’s environmental and landscape
characteristics, including topography, vegetation and waterways and has regard to
bushfire risk.
 To minimise the impact of development on environmentally significant habitat in urban
areas, including to conserve and where possible enhance habitat particularly important to
threatened flora and fauna species, such as the Eltham Copper Butterfly.
 To minimise earthworks.
 To minimise site runoff and soil erosion to maintain water quality.
 To achieve an improvement in the extent and quality of native vegetation by avoiding the
removal of native vegetation.
 To minimise the removal of native vegetation, if the removal of native vegetation cannot
be avoided, through appropriate planning and design.
 To appropriately compensate for the loss of native vegetation.
 To protect natural resources, ecological processes and genetic diversity.
 To protect and enhance habitat corridors and ecological stepping stones.
3.0
Permit requirement
DD?MM/YYY
Y Proposed
C101
Buildings and works
A permit is not required to construct a building or construct or carry out works for:
 An alteration or extension to an existing dwelling provided all of the following are met:

The alteration or extension does not increase the site coverage of the dwelling; and
 The alteration or extension does not include works within 5 metres of any native
vegetation protected by this Schedule.
 An outbuilding normal to a dwelling, provide all of the following are met:
 The gross floor area of the outbuilding or shed is less than 25m²; and
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NILLUMBIK PLANNING SCHEME
 The outbuilding is situated more than 5 metres from any existing native vegetation
where a permit is required to remove, destroy or lop by this Schedule.
 Works provided that all of the following are met:
 The works are less than 500mm in depth; and
 The works are undertaken at a distance more than 5 metres from any existing native
vegetation where a permit is required to remove, destroy or lop by this Schedule.
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.

Within the General Residential Zone or Township Zone.
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.
Vegetation
A permit is not required to remove, destroy or lop vegetation if:



4.0
DD/MM/YYYY
Proposed
C101
The vegetation is dead. This exemption does not apply to standing dead trees with a
trunk diameter of 40 centimetres or more at a height of 1.3 metres above ground level.
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 to vegetation
planted for conservation purposes with public funding.
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:
The boundaries of the site.
Details of the proposed works.
The location of all buildings, fences and other structures on the site.
Accurate and detailed existing and proposed finished site levels.
The location, extent and type of vegetation on site.

Measures to be undertaken to minimise environmental impacts during the construction
period, including soil conservation, waterway and vegetation protection measures.
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NILLUMBIK PLANNING SCHEME
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.
Subdivision
An 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.
The setback of existing buildings to all boundaries.
The location, extent and type of vegetation on the site.
The location, gradient and camber of any existing or proposed driveways and any
associated earthworks.
The location of any existing or proposed easements.
The location, depth and width of proposed underground services and trenches.

A written report detailing adverse environmental impacts will be avoided or where they
cannot be avoided, minimised, so that the ecological 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 impacts resulting
from (but not limited to):
Removal of vegetation including for the implementation of defendable space where
required.
Earthworks.
Changes to the hydrology and drainage pattern.

Measures to be undertaken to minimise environmental impacts during the construction
period, including soil conservation and vegetation protection measures, as appropriate.
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.
Vegetation
An 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
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.
 A description of the native vegetation to be removed, including:
The reason for the native vegetation removal.
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NILLUMBIK PLANNING SCHEME
The species of vegetation, Ecological Vegetation Class, its conservation significance
and habitat zones.
The species, number and size of trees over 10cm Diameter at Breast Height, measured
at 1.4m above natural ground level.

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.

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 1.5 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 the habitat of each species.
Actions to avoid and minimise adverse impacts.
A flora and fauna survey that demonstrates active searching has been undertaken,
when required by Council.
An arborist’s assessment of any trees which are proposed to be removed 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.
5.0
Decision guidelines
DD/MM/YYYY
Proposed C101
Before deciding on an application, the responsible authority must consider as appropriate:
General
 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 as much as possible.
 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.
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NILLUMBIK PLANNING SCHEME
 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
6.0
Meaning of terms
DD/MM/YYYY
Proposed C101
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.
7.0
DD/MM/YYYY
Proposed
C101
References
Ecology Australia Environmental Significance Overlay (ESO1) Review, Stage 2 Parent
Report and Addendum (Ecology Australia 2007)
Nillumbik Sites of Significance Review Rural Areas, Abzeco June 2014
Sites of Faunal and Habitat Significance in North East Melbourne 1997
Biodiversity Strategy 2012
Invasive Species Action Plan 2015
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