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
DD/MM/YYYY
Proposed C101
1
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
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Proposed C101
Environmental objectives to be achieved
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.
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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
Permit requirement
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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 25 square
metres; and

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 500 millimetres 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 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
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NILLUMBIK PLANNING SCHEME
maintained between the ground level and the lowest wire and contains no
barbed wire;

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; or

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:

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.
4
Application requirements
Buildings and works
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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:

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.
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
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.
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.
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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.
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 per cent, 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.

The species of vegetation, Ecological Vegetation Class, its conservation
significance and habitat zones.

The species, number and size of trees over 10 centimetres Diameter at
Breast Height, measured at 1.4 m 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.
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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.
5
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Proposed C101
Decision guidelines
Before deciding on an application, the responsible authority must consider as
appropriate:
General

The results of any survey of biological values (flora 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.
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
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
6
Meaning of terms
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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
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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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