NILLUMBIK PLANNING SCHEME
DD/MM/YYYY
Proposed C101
Schedule 1 to the Environmental
Significance Overlay
Shown on the planning scheme map as ESO1-C1 to ESO1-C55
Core Habitat
DD/MM/YYYY
1
Statement of environmental significance
Proposed C101
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
DD/MM/YYY
Proposed C101
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.
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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
Permit requirement
DD/MM/YYYYY
Proposed C101
Buildings and works
A 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 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.
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 or amenity purposes,
including: shelter belts, woodlots, street trees, or gardens. This exemption
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NILLUMBIK PLANNING SCHEME
does not apply if vegetation was planted for conservation purposes with public
funding.
4
Application requirements
Buildings and works
DD/MM/YYYYY
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.
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
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 10 metres 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.
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 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.
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

Earthworks.

Changes 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.
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 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 per cent, 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 > 40 centimetres 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.
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

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
List of Sites
DD/MM/YYYY
Proposed C101
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
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Site No
Site description
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.
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.
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Site No
Site description
C18
This site includes land between the Cottles BridgeStrathewen 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, 2.5 km 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
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Site No
Site description
north side of Hewitts Road.
C27
This site includes the Diamond Creek from School Road, 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 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.
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Site No
Site description
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
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Site No
Site description
use includes Eltham North Reserve, Edendale Farm and
private adjoining house blocks.
6
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, Kangaroo Ground
and Clintons Road, 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 BridgeStrathewen Road, Cottles Bridge to School Road, 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.
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.
Decision guidelines
DD/MM/YYYY
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 Core Habitat areas and habitat linkages.
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
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.

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
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provided or where offsets have been protected through Section 173
agreements.
7
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.
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
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