NILLUMBIK PLANNING SCHEME
DD/MM/YYYY
Proposed C101
Schedule 2 to the Environmental
Significance Overlay
Shown on the planning scheme map as ESO2-B1 – ESO2-B55
Buffer Habitat
DD/MM/YYYY
1
Statement of environmental significance
Proposed C101
This schedule applies to Buffer Habitat, referred to as Low – Moderate Habitat in
the Nillumbik Sites of Significance Rural Areas, Abzeco, 2014.
Buffer Habitat is environmentally significant for its strategic role in protecting and
contributing to the conservation and health of Core Habitat.
Buffer Habitat areas generally provide suitable structure and flora species for
fauna of conservation significance.
Appropriate protection and management is required to conserve and enhance
Nillumbik’s Buffer Habitat for its significant ecological and strategic significance.
Any development of land in Buffer Habitat should be located in those areas that
are the least intact or devoid of vegetation to minimise detrimental impacts on
identified environmental values. Built form is subordinate to the landscape and
these areas need to be properly managed to ensure that these distinctive
features are protected and enhanced.
The reference numbers shown on the planning scheme maps correspond with
the list of sites at Clause 5.0 of this schedule.
2
Environmental objectives to be achieved
To protect and enhance the ecological values of Buffer Habitat.
DD/MM/YYYYY
Proposed C101
To encourage development to be located on sites or parts of sites which are the
most environmentally degraded or devoid of native vegetation.
To ensure that development responds to the area’s environmental and landscape
characteristics, including vegetation, topography and waterways and has regard
to bushfire risk.
To minimise earthworks.
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 native vegetation
cannot be avoided, through appropriate planning and design.
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 2
PAGE 1 OF 15
NILLUMBIK PLANNING SCHEME
To appropriately compensate for the loss of native vegetation.
To ensure that subdivision of land does not lead to a decline in the ecological
integrity and environmental values of Buffer Habitat and adjacent or linking Core
Habitat.
To conserve and where possible enhance habitat for local, state and nationally
listed rare and threatened flora and fauna.
To protect and enhance habitat corridors and ecological stepping stones.
To protect natural resources, ecological processes and biodiversity.
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 2
PAGE 2 OF 15
NILLUMBIK PLANNING SCHEME
3
Permit requirement
DDMM/YYYYY
Buildings and works
Proposed C101
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 where a permit is required to remove, destroy or lop by
this Schedule.
An outbuilding normal to a dwelling, provided all of the following are met:

the gross floor area of the outbuilding is less than 25 square metres; and

the outbuilding is situated more than 5 metres from any 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 500 millimetres in depth; and

the works are undertaken at a distance more than 5 metres from any
existing native vegetation protected 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 five horizontal strands of plain wire where a minimum gap of 30
centimetres 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 15 centimetres in width, has no more than
five horizontal strands of plain wire where a minimum gap of 30 centimetres 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 5 centimetres in width and contains no
barbed wire.
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 2
PAGE 3 OF 15
NILLUMBIK PLANNING SCHEME
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:

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 and amenity
purposes, including shelter belts, woodlots, street trees, or gardens. This
exemption does not apply vegetation was planted for conservation purposes
with public funding.
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 2
PAGE 4 OF 15
NILLUMBIK PLANNING SCHEME
4
Application requirements
DD/MM/YYYY
Buildings and works
Proposed C101
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.

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.
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 2
PAGE 5 OF 15
NILLUMBIK PLANNING SCHEME

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.
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.

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 camber 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.

Earthworks.

Changes to the hydrology and drainage pattern.
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 2
PAGE 6 OF 15
NILLUMBIK PLANNING SCHEME

Measures to be undertaken to minimise environmental impacts during the
construction period, including soil conservation, waterway and vegetation
protection measures.
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, mapped according to
Ecological Vegetation Classes.

Topographic information including ridges, crests and hilltops, streams and
waterways, drainage lines, slopes of more than 20 per cent, low lying
areas and areas of existing erosion and salinity.
A description of the native vegetation to be removed, destroyed or lopped,
including:

The reason for the native vegetation removal.

The species of vegetation, Ecological Vegetation Class, its conservation
significance and habitat zones.

The species, number and size of trees.

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.
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 2
PAGE 7 OF 15
NILLUMBIK PLANNING SCHEME


Actions to avoid and minimise adverse impacts.
A flora and fauna survey and/or a targeted threatened species search when
required by council.
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.
DD/MM/YYYYY
5
List of Sites
Proposed C101
Site No
Site description
B1
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.
B2
This site includes catchments of the Stony Creek upstream
of Research-Warrandyte Road and Laughing Waters Creek
upstream of Mt Pleasant Road.
B3
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.
B4
The site is bordered in the north by the Sugarloaf Reservoir,
Skyline Road to the south and bisected by the now disused
Maroondah Aqueduct.
B5
This site is predominately the Sugarloaf Reservoir and
adjoining land.
B6
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.
B7
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.
B8
This site is bisected by Watsons Creek and local
catchments between the Eltham-Yarra Glen Road bridge
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 2
PAGE 8 OF 15
NILLUMBIK PLANNING SCHEME
Site No
Site description
and upstream of the Five Mile Creek confluence. The
Eltham-Yarra Glen Road runs east to west through the site.
B9
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.
B10
This site covers large blocks 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
southwards along Bannons Lane.
B11
This site surrounds the townships of Arthurs Creek, the
Arthurs Creek runs north to south through the site.
B12
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.
B13
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.
B14
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.
B15
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.
B16
This site includes two distinct stands of Red Ironbark
occurring between Kendall’s Lane and Boyds road west of
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 2
PAGE 9 OF 15
NILLUMBIK PLANNING SCHEME
Site No
Site description
Hurstbridge and on Ironbark Road near Broad Gully Road
south-east of Yarrambat.
B17
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.
B18
This site includes land between the Cottles BridgeStrathewen Road and Mine Road, centred on Barreenong
Road, Cottles Bridge.
B19
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.
B20
This site includes two areas of Red Ironbark along the
Kangaroo Ground-St Andrews road between Panton Hill
and Smiths Gully.
B21
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.
B22
This site includes bushland stretching north of One Tree Hill,
crossing Buttermans Track at Marshalls Road before linking
to the Kinglake National Park.
B23
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.
B24
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.
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 2
PAGE 10 OF 15
NILLUMBIK PLANNING SCHEME
Site No
Site description
B25
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.
B26
This site includes larger bushblocks 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.
B27
This site includes the Diamond Creek from School Road at
St Andrews to Kinglake National Park at the north end of
Ninks Road.
B28
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.
B29
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.
B30
This site is dissected by the Arthurs Creek from above the
Chadds Creek confluence through to Kinglake National
Park.
B31
This site includes Chadds Creek from the confluence with
Arthurs Creek to Kinglake National Park.
B32
This site covers largely private land south of Hildebrand
Road, south and west of Mittons Bridge Road and Cleeve
Court in the west.
B33
This site includes Foothill catchments of the Deep and
Running Creeks between Brennans Road East and
Kinglake National Park.
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 2
PAGE 11 OF 15
NILLUMBIK PLANNING SCHEME
Site No
Site description
B34
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 Jumping Creek.
B35
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.
B36
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.
B37
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.
B38
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.
B39
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.
B40
This site includes Kinglake National Park and the upper
catchment of Running Creek.
B41
This site includes Kinglake National park between Bald Spur
Road and Everard trail.
B42
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.
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 2
PAGE 12 OF 15
NILLUMBIK PLANNING SCHEME
Site No
Site description
B44
This site includes the Diamond Creek which runs north
south through the site to the Yarra River that forms its
southern border.
B45
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.
B46
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.
B47
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 Know Park.
B51
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.
B52
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.
B53
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 HeidelbergKinglake Road.
B54
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.
B55
This site includes the catchment of Diamond Creek between
the ridgelines of Bannons Road and Ironbark Road. It is
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 2
PAGE 13 OF 15
NILLUMBIK PLANNING SCHEME
Site No
Site description
bounded on the east side by Hurstbridge township and
residential land in Yarrambat to the south.
6
Decision guidelines
DD/MM/YYYYY
Proposed C101
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 Buffer Habitat areas and habitat linkages.

The extent to which the proposal will reduce the ecological values and
function of any adjacent 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, 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.
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 2
PAGE 14 OF 15
NILLUMBIK PLANNING SCHEME

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
DD/MM/YYYY
Proposed C101
Meaning of terms
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
DD/MM/YYYY
Proposed C101
References
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
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 2
PAGE 15 OF 15