NILLUMBIK PLANNING SCHEME
DD/MM/YYYY
Proposed
C101
Schedule 4 to the Environmental
Significance Overlay
Shown on the planning scheme map as ESO4
Waterways
DD/MM/YYYY
Proposed
C101
1
Statement of environmental significance
The Shire of Nillumbik is situated in the Middle Yarra catchment and includes
most of the Diamond Creek, Arthurs Creek and Watsons Creek catchments,
and frontage to the Plenty River and Yarra River. Table 1 to this Schedule
identifies the Shire’s major waterways.
The quality and health of the catchments and tributaries varies throughout the
Shire and is influenced by various land use and development activities. In
Nillumbik the major waterways form important riparian habitat corridors of
significant conservation and recreational value.
The northern areas of the Shire are characterised by the forested catchments of
the Kinglake Ranges and small fast flowing streams with good river health. As
the terrain becomes less mountainous, larger waterways form through
agricultural areas, where the main land use is grazing, and significant areas of
bushland. The southern areas of the catchments are largely residential,
characterised by urban development and areas of open space abutting the
major waterways with poor river health. These urban areas present some
unique opportunities and challenges in terms of new infrastructure and planning
associated with integrated water management. Discharge of untreated
stormwater directly into local waterways and changes in flow patterns have
adversely impacted on waterway health.
Waterways and their environs are one of Melbourne's most important natural
assets and are significant components of the character and landscape of the
Shire. Views of and from the river valleys attract residents and visitors to the
area. The waterways and their environs are of significant cultural and natural
heritage significance. The waterways are a popular destination for a wide range
of recreational activities. The surrounding area is characterised by urban and
rural land uses. Careful planning is necessary so that use and development
does not detrimentally impact on these special characteristics.
The waterways within the Shire of Nillumbik are an integral element of the
environmental systems that support biodiversity and directly impact on
freshwater environments. Waterways often provide relatively undisturbed
habitat corridors between larger areas of remnant vegetation. The many
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 4
PAGE 1 OF 9
NILLUMBIK PLANNING SCHEME
threatened flora and fauna species identified as existing in the Shire rely, to a
great extent, on the watercourses in the Shire and therefore these areas need
to be protected from inappropriate development.
The significant fauna that occurs in or utilises these waterways include
Macquarie Perch, Murray Cod, Dwarf Galaxias, Southern Pygmy Perch,
Platypus, Bibrons Toadlet, Growling Grass Frog, Southern Toadlet, Large
Footed Myotis, Eastern Broad-nosed Bat, Nankeen Night Heron, Black Falcon,
Grey Goshawk, Barking Owl and Powerful Owl.
2
DD/MM/YYYY
Proposed
C101
Environmental objectives to be achieved
To preserve the waterways in Nillumbik Shire by regulating the type, intensity
and impacts of development adjacent to them.
To protect, rehabilitate and extend continuous indigenous riparian vegetation
corridors along waterways to improve existing wildlife habitat and movement
corridors.
To protect and improve waterway health, environmental flows and water quality.
To protect natural landforms, natural stream geomorphology, geological
formations.
To protect areas of sensitivity for Aboriginal heritage.
To maintain the ability of waterways to carry natural flows and ensure there is
no loss of floodplain storage as a result of buildings and works.
To allow natural changes to watercourses and stream morphology to occur over
time.
To prevent unnatural erosion of banks, streambeds and adjoining land and the
siltation of watercourses, drains and other features.
To prevent further modification and restore those sections of waterway
corridors which have been previously modified to create dams, artificial beds,
banks and landforms to a more natural, visually attractive and ecologically
connected and diverse landscape.
To minimise the impact of rural activities on the environmental values of
waterways.
To encourage the use of sustainable agricultural practices, including amending
Crown land water frontage licences to riparian management licences, removal
of stock access to waterways and no-till farming.
To discourage subdivision to enable retention of continuous native vegetation
within larger lots.
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 4
PAGE 2 OF 9
NILLUMBIK PLANNING SCHEME
To ensure development results in no net increase in the rate or quantity of
stormwater, sediment or other pollutants entering watercourses or wetlands.
To discourage urban development, impervious surfaces, earthworks, tree
removal or any other works, intensive use and development that will undermine
the health of waterways and their habitat values.
To ensure new development and works minimises runoff into waterways and
any runoff is adequately treated prior to entering the waterway to ensure water
quality is not affected in accordance with best practice environmental
management.
To encourage Integrated Water Management (IWM) projects to store and reuse, or treat and filter, stormwater prior to entering waterways.
To ensure that in established residential areas, the construction of outbuildings
and dwelling additions results in no loss or encroachment into the
environmental, cultural or landscape values of waterways.
To ensure that any new development is sufficiently set back from waterways, is
sensitively designed and sited, and utilises muted building materials and
colours to reinforce the existing environmental characteristics and values of the
area, including not being visually prominent or obtrusive when viewed from the
creek corridor or recreational trails. Lights should be baffled to avoid light spill to
open space areas.
To protect and enhance a sense of remoteness along waterways and its
environs.
To address potentially threatening processes listed under the Flora and Fauna
Guarantee Act 1988.
To ensure the ecosystem services provided by riparian environments are
properly valued and considered.
To protect areas along watercourses from development and loss of vegetation
that may damage the streamside environment as a visual, conservation,
ecological and recreation resource.
To protect and enhance biodiversity values including the diversity, integrity and
health of local flora and fauna habitats within and along watercourses.
To retain mature, dead and dying trees as habitat for native fauna.
To provide adequate habitat and buffers to nest and roost trees of large owls.
To encourage the restoration, regeneration and revegetation of indigenous
riparian vegetation, especially canopy trees, to improve the natural values of
waterways particularly where it has been significantly cleared.
To prevent further loss and maintain the current extent and quality of native
vegetation by avoiding the removal of native vegetation.
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 4
PAGE 3 OF 9
NILLUMBIK PLANNING SCHEME
To minimise the removal of native vegetation, if the removal of native
vegetation cannot be avoided, through appropriate planning and design.
To appropriately compensate any loss of native vegetation, preferably on-site
through revegetation of riparian areas.
To create and maintain continuous open space corridors along waterways.
To encourage public access and recreational use along waterways, including
provision of shared use trails and shared use of water access locations.
To protect potential connections from the creek corridor to community facilities,
other open space trails and the regional open space network.
3
DD/MM/YYYY
Proposed
C101
Permit requirement
Buildings and works
A permit is required to construct buildings and works associated with a
dependent person’s unit.
A permit is required to construct a domestic swimming pool or spa and
associated mechanical and safety equipment.
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 5cm in width and contains no barbed wire.
A permit is required for earthworks. This does not apply if the earthworks are to
the minimum extent necessary to remove pest animal burrows for the purpose
of vermin control, provided the works area is reinstated back to natural ground
level and no vegetation requiring a permit for its removal is removed or
destroyed.
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 not required for any waterway improvement works undertaken by
Melbourne Water.
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 4
PAGE 4 OF 9
NILLUMBIK PLANNING SCHEME
A permit is not required to mitigate flooding, respond to emergencies including
in-stream vegetation removal to relieve flood risk or duration.
Vegetation
A permit is required to remove, destroy or lop any vegetation, unless:
The vegetation is identified as a pest plant in the Shire of Nillumbik
Environmental Weed List 2015 as incorporated in this scheme.
The vegetation has been planted or grown for shelter belts, woodlots, street
trees, or gardens. This exemption does not apply if vegetation was planted for
conservation purposes with public funding.
The works are undertaken by or on behalf of Parks Victoria and Melbourne
Water as public land managers.
4
DD/MM/YYYY
Proposed
C101
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 and vegetation to
be removed.

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.
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 4
PAGE 5 OF 9
NILLUMBIK PLANNING SCHEME

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.

Demonstration that adverse environmental impacts will be avoided, or
where they cannot be avoided, minimised so that waterway health and the
biological integrity of the area is conserved and protected. This includes
avoiding or minimising the likely impact of any proposed subdivision and
possible future development of the lots, including:


Removal of vegetation

Earthworks.

Changes to the hydrology and drainage pattern.
A Construction Environmental Management Plan outlining 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.

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.
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 4
PAGE 6 OF 9
NILLUMBIK PLANNING SCHEME

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.

Demonstration that 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 impacts resulting from:


Removal of vegetation

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 Ecological Assessment including:


A site plan (drawn to scale) showing:

The boundaries of the site.

The extent of existing vegetation and vegetation to be removed,
including the location of any hollow bearing trees.

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.

The location of any buildings and any other structures on site.
A description of the native vegetation to be removed, including:
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 4
PAGE 7 OF 9
NILLUMBIK PLANNING SCHEME

A habitat hectare assessment including identification of habitat zones,
their quality and Ecological Vegetation Class, and a list of species
present and their conservation significance.

The species, size and number of trees over 10 centimetres diameter at
breast height, measured at 1.4 m above natural ground level.

A written explanation of the reasons for the native vegetation removal and
steps that have been taken to avoid, minimise and appropriately
compensate the loss of native vegetation. Any planting or revegetation must
utilise plants from the EVC/s on-site.

A description of any flora and fauna species that are rare or threatened at
the regional, 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 on threatened species.

A flora and fauna survey including targeted threatened species search.

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
DD/MM/YYYY
Proposed
C101
Referral of applications
All applications must be referred in accordance with Section 55 of the Act to the
referral authority specified in Clause 66.04 or a schedule to that clause unless
in the opinion of the responsible authority, the proposal satisfies requirements
or conditions previously agreed to in writing between the responsible authority
and the referral authority.
6
DD/MM/YYYY
Proposed
C101
Decision guidelines
Before deciding on an application, the responsible authority must consider, as
appropriate:
General

The effect of the proposal on catchment health and platypus populations.
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 4
PAGE 8 OF 9
NILLUMBIK PLANNING SCHEME

The need to retain a buffer strip of vegetation along watercourses and other
natural features which contribute to the health, water quality and visual
character of the waterway.

The role of native vegetation in contributing to faunal and habitat value and
the need to protect native vegetation that forms part of a habitat link

The extent to which the proposal will affect the ecological values and
function of the waterway and catchment.

The extent to which the proposal will impact on stream flows, flooding and
natural inundation rates and water quality.

The effect on the natural beauty and on the future enjoyment of and access
to the area by the community.

The current and proposed future use of land adjacent to the waterway and
the effects on existing and proposed infrastructure.

The Diamond Creek Catchment Local Management Plan and any other
relevant waterway management strategy.

Whether the proposal could result in a potentially threatening process listed
under the Flora and Fauna Guarantee Act 1988 occurring.

Whether appropriate land management practices are proposed and
recorded in a Property Management Plan, especially removal of stock
access to waterways.

Whether habitat improvement works have been proposed such as artificial
hollow creation, nest boxes, additional logs or rope bridges.

Whether the land is capable of retaining, treating and disposing effluent and
other wastes where connection to a reticulated sewerage system is not
available.

Whether the proposal incorporates appropriate measures to prevent:

pollution to waterways;

increased nutrient loads to waterways;

siltation and increased turbidity of water in water courses; and

detrimental alterations to flow regimes of streams and watercourses.
Buildings and works

Whether the proposal adopts appropriate siting, design and management
measures to avoid or minimise any adverse impacts on native vegetation,
habitat values, hydrology, land stability, habitat corridors, ecological
stepping stones or adjacent open space.
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 4
PAGE 9 OF 9
NILLUMBIK PLANNING SCHEME

The effect of the height, bulk spacing, setback and general appearance of
any proposed buildings and works on the environmental values and visual
character of the waterway and its environs.

All buildings must be located at least 10 metres from any land within a
Public Park and Recreation Zone or Public Conservation and Resource
Zone, and any cliff edge.

The need for landscaping or vegetation screening.

The materials used to construct any proposed fencing and whether the
fencing is consistent with the Guidelines for riparian fencing in flood-prone
areas, DELWP, 2015.

The extent to which the development minimises the need for earthworks.

Whether the development incorporates water sensitive urban design
measures to improve the quality and quantity of stormwater exiting the site.

Whether the proposal is consistent with the Shared Pathway Guidelines,
Melbourne Water, 2009.
Subdivision

Whether the subdivision adopts lot sizes, boundary alignments and layouts,
road network, water sensitive urban design measures and open space
areas that will avoid or minimise any adverse impacts on native vegetation,
habitat values, hydrology, land stability, habitat corridors, ecological
stepping stones or adjacent open space.
Vegetation Removal

The type, extent, quality and significance of vegetation to be removed.

The effect of the proposed removal of vegetation on the habitat value,
wildlife corridor and long tern viability of the vegetation along the waterway.

The reasons for removing the vegetation and the practicality of alternative
options which do not require the removal of vegetation.

Whether the removal of native vegetation has been avoided and minimised
as much as possible.

Whether the proposal includes revegetation, especially of waterways,
provision of a Land Management Plan, and/or placement of a security
agreement over vegetation on the property to compensate for vegetation
removal.
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 4
PAGE 10 OF 9
NILLUMBIK PLANNING SCHEME
7
Table 1 Summary of major waterways located in the
Shire of Nillumbik
DD/MM/YYYY
Waterway
Description
Proposed
C101
Yarra River
The section of the Yarra River flowing through
Nillumbik is classified as the Middle Yarra. The
portion downstream of Nillumbik flows into Melbourne
Central Business District and Port Phillip Bay.
Diamond
Creek
Diamond Creek begins on the Kinglake Plateau and
flows through St Andrews, Cottlesbridge, Hurstbridge,
Wattle Glen, Diamond Creek and Eltham, before
entering the Yarra River at Eltham Lower Park.
Plenty River
Beginning at Mount Disappointment, the Plenty River
flows through Mernda, Whittlesea and Yarrambat and
the urban areas of Greensborough before entering
the Yarra River at Lower Plenty.
Watsons
Creek
Watsons Creek begins in Kinglake National Park and
passes through rural land in Christmas Hills, Watsons
Creek, Smiths Gully and Kangaroo Ground, before
entering the Yarra River at the Bend of Islands
Conservation Zone.
Arthurs Creek Arthurs Creek begins in the Kinglake National Park
and flows through rural land, passing through Arthurs
Creek, Strathewen and Nutfield before joining the
Diamond Creek at Hurstbridge.
8
References
DD/MM/YYYY
Proposed
C101
Better Bays and Waterways, A water quality improvement plan for Port Phillip
Bay and Western Port, Melbourne Water, 2009.
Diamond Creek Catchment Local Management Plan 2015, Melbourne Water,
2015.
Flora and Fauna Survey Assessment Documents, Melbourne Water, 2011.
Guidelines for riparian fencing in flood-prone areas, DELWP, 2015.
Heathy Waterways Strategy, Melbourne Water, 2012.
Nillumbik’s Integrated Water Management Strategy, Nillumbik Shire Council,
2012.
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 4
PAGE 11 OF 9
NILLUMBIK PLANNING SCHEME
Nillumbik Shire Council State of Environment Report, Nillumbik Shire Council,
2014.
Nillumbik Sites of Significance Review Rural Areas, Abzeco, 2014.
Waterway corridors; Guidelines for greenfield development areas within the
Port Phillip and Western Port region, Melbourne Water, 2013.
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 4
PAGE 12 OF 9