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PROGRAM REPORT FOR THE STRATEGIC
ASSESSMENT OF THE
HEATHCOTE RIDGE DEVELOPMENT, WEST
MENAI, UNDER THE ENVIRONMENT
PROTECTION AND BIODIVERSITY
CONSERVATION ACT (1999)
February 2013
Prepared for Gandangara Local Aboriginal Land Council By BBC Consulting Planners and Cumberland Ecology
EXECUTIVE SUMMARY ................................................................................................1
1. INTRODUCTION ................................................................................................1
1.1 Background ...................................................................................................... 1
1.2 Consultation ..................................................................................................... 1
2. CONTEXT OF THE PROGRAM AND STRATEGIC JUSTIFICATION .....................3
2.1 Land Release History ....................................................................................... 3
2.1.1 Metropolitan Development Program ...................................................................... 3 2.1.2 Conclusion .............................................................................................................. 4
2.2 Metropolitan Strategic Planning ..................................................................... 4
2.2.1 Metropolitan Plan 2036 .......................................................................................... 4 2.2.2 Regional Strategies ................................................................................................ 6 2.2.3 Conclusion .............................................................................................................. 6
2.3 Demand for Urban Land Uses ......................................................................... 7
2.3.1 Demand for Residential Land ................................................................................. 7 2.3.2 Demand for Employment and Retail Uses ............................................................. 8 2.3.3 Justification for Land Uses ..................................................................................... 9
3. PROGRAM DESCRIPTION ...............................................................................11
3.1 Site Description .............................................................................................. 11 3.1.1 Regional Context .................................................................................................. 11 3.1.2 Property Description ............................................................................................. 12 3.1.3 Site Features ........................................................................................................ 13 3.1.4 Biodiversity, Flora and Fauna .............................................................................. 14 3.1.5 Urban Capability ................................................................................................... 18
3.2 The Program ................................................................................................... 19
3.2.1 Overview .............................................................................................................. 19 3.2.2 Distribution of Land Uses ..................................................................................... 20 3.2.3 Movement Systems .............................................................................................. 21 3.2.4 Development Staging ........................................................................................... 22
3.3 Conservation Area and Biodiversity Management ...................................... 23
3.3.1 Conservation Area ................................................................................................ 23 3.3.2 Ownership and Management Arrangements ....................................................... 24 3.3.3 Conservation Area Management Plan ................................................................. 24 3.3.4 Compensatory Measures ..................................................................................... 27 3.3.5 Managing Cultural Sites ....................................................................................... 28 3.3.6 Managing Riparian Corridors ............................................................................... 28
4. PROGRAM IMPLEMENTATION .......................................................................29
4.1 Legal Framework ........................................................................................... 29
4.1.1 Environment Protection and Biodiversity Conservation Act 1999 ........................ 29 4.1.2 Environmental Planning and Assessment Act 1979 and Regulation 2000 .......... 29 4.1.3 Threatened Species Conservation Act (TSC Act) 1995 ....................................... 33
4.2 Planning Processes and Tools ..................................................................... 34 4.2.1 Land Use Zones ................................................................................................... 34
4.2.2 Principal Development Standards ........................................................................ 34 4.2.3 Infrastructure Requirements ................................................................................. 35
4.3 Conservation Processes and Tools .............................................................. 36 4.3.1 Impacts on Threatened Flora and Fauna and Endangered Ecological
Communities ........................................................................................................ 36 4.3.2 Ecological Corridors ............................................................................................. 37 4.3.3 Attributes of Offsets Package ............................................................................... 38 4.3.4 Aboriginal Cultural Heritage Impacts .................................................................... 41
5. OUTCOMES AND COMMITMENTS FOR MATTERS OF NATIONAL
ENVIRONMENTAL SIGNIFICANCE .................................................................42
5.1 Outcomes ....................................................................................................... 42
5.2 Summary of Commitments ............................................................................ 46 5.2.1 Funding Arrangements for MNES Conservation .................................................. 46 5.2.2 Land Use Zoning .................................................................................................. 47 5.2.3 Sydney Turpentine-Ironbark Forest and Shale/Sandstone Transition
Forest48 5.2.4 Acacia bynoeana, ................................................................................................. 49 5.2.5 Melaleuca deanei ................................................................................................. 49 5.2.6 Koala 50 5.2.7 Grey-headed Flying-fox ........................................................................................ 50
6. PROGRAM EVALUATION REPORTING AND MONITORING ..........................52
6.1 Mechanisms to Monitor Outcomes of the Program ..................................... 52
6.2 Commitment to Regular Public Reporting ................................................... 52
6.2.1 Annual Report ...................................................................................................... 52
6.3 Mechanism to Independently Audit the Program ........................................ 53
REFERENCES
1. Stakeholder Consultation Strategy by EMC and Barker Strategic
2. Stakeholder Consultation Report by EMC and Barker Strategic
3. Housing and Human Services Study by BBC Consulting Planners
4. Heathcote Ridge Employment Study by Urbis
5. Economic Assessment of Appropriate Retail Floorspace by Leyshon Consulting
6. Stage 1 Environmental Site Assessment by JBS Environmental
7. Riparian Corridor Assessment by Harris Environmental Consulting
8. Ecological Assessment by Cumberland Ecology
9. Aboriginal Heritage Assessment by MDCA
10. Bushfire Risk Assessment by ABPP
11. Master Plan Servicing Strategy by Acor
12. Traffic and Transport Assessment by Hyder and Urban Horizons
13. Existing Noise Assessment by SLR Consulting Pty Ltd
14. Land Use Structure Planning Report by Place Design Group
15. Stormwater Management Plan by Acor and James Ball
16. Water Sensitive Urban Design by Acor
17. Conceptual Ecologically Sensitive Design ESD Strategy Report by Acor
18. CPTED Analysis by Urbis
19. Preliminary Geotechnical Desktop Study by Jeffery & Katauskas
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EXECUTIVE SUMMARY
Background
In November 2011, the Commonwealth of Australia, through the Department
of Sustainability, Environment, Water, Population and Communities (SEWPaC)
and Gandangara Local Aboriginal Land Council (GLALC) commenced a
Strategic Assessment under the Environment Protection and Biodiversity
Conservation Act 1999 (EPBCAct) of the potential impacts likely to arise
through the development and management of the Heathcote Ridge
Development Site.
This Program Report (PR) has been prepared in accordance with section 6 of
the agreement between The Commonwealth of Australia and the GLALC. It
describes the program and presents commitments and undertakings for
protection of matters of national environmental significance (MNES).
The Heathcote Ridge Development (the Program) creates residential,
employment and conservation areas and related infrastructure at Heathcote
Ridge Development Site.
Program Background
The release of Heathcote Ridge and other land at West Menai has been on
the State government radar since the 1970s. Prior to Aboriginal land claims in
1986, the State Government and Council had made substantial progress in
rezoning the land. Council had prepared a Local Environmental Study of the
area and had initiated the preparation of a local environmental plan.
As a consequence of the delays associated with the land claims, studies to
investigate and resolve outstanding planning issues were not completed and
the land was removed from the Urban Development Program in 1997 so as not
to distort land supply figures and prevent proper understanding of the real
land supply situation in the outer areas of the Sydney Region.
Studies into land suitability were not completed at this time, interrupted by the
land claim process. Remaining issues included including flora and fauna,
bushfire management, access and proximity to ANSTO and the Lucas Height
Waste Management facility. The Minister at the time noted that the removal of
the West Menai release area did not preclude its reinstatement should future
demand justify it and if supported by environmental, planning, servicing and
economic feasibility studies.
The present State Significant Site Study provides the opportunity to complete
comprehensive planning investigations into the suitability of the previous
release area for development and move forward with the rezoning of the land
for urban and conservation purposes and determining the future land use for
the area.
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Program Status
The State Significant Site Study was jointly publicly exhibited with the draft
'Heathcote Ridge Program Report' dated December 2011 and the draft
'Strategic Impact Assessment Report' dated December 2011. This public
exhibition and comment process meets the requirements of the EPBC Act and
the NSW Environmental Planning and Assessment Act 1979 (EP&A Act).
As a result of the submissions made during the exhibition process, amendments
have been made to the program which are incorporated into this final report.
Site Suitability
Heathcote Ridge site comprises a number of allotments that are in the title of
Gandangara Local Aboriginal Land Council (“GLALC”) or subject to land
claims by the Council. The site is located approximately 25km south-west of
the Sydney CBD between the localities of Holsworthy, Menai and Barden Ridge
(Figure 1).
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Figure 1 The Site
Detailed investigations indicates that all land suitability issues, including the four
key previously identified constraints of bushfire risk, biodiversity impacts and
offsets, access and adjacent uses can be managed and consequently the site
is suitable for development. Public utility services are available and the site is
capable of being serviced in an efficient manner.
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The consideration of site suitability adopted the first principle of avoidance
and minimisation of impacts on biodiversity and cultural areas including MNES
and other main physical constraints to development. This resulted in a
significantly reduced building footprint compared to earlier studies and the
initial concepts prepared by GLALC. Of a total area of 849 hectares,
approximately 283 hectares are considered suitable for development with the
remaining 566 hectares to be protected as a conservation area.
Program
Development
The Land Use Structure Plan (Figure 2) has evolved from a comprehensive
assessment of the characteristics of the site with particular consideration given
to biodiversity, bushfire risk, access and the nature of surrounding land uses.
The key elements of the proposal are:
The provision of a conservation area having an area of 566 hectares;
Approximately 283 hectares of land for urban purposes comprising:
o 51.4 hectares of employment land (including a new village
centre) estimated to provide 4,700 jobs;
o 182.7 hectares of land for residential and associated purposes
including local open space capable of accommodating an
estimated 2,400 homes (7,200 persons);
o New sportsfields and other open space (17.2 hectares), provision
for a school and community facilities; and
o A visitors and cultural heritage centre as a gateway to the
Heathcote Conservation Area;
Creation of distinct residential neighbourhoods linked together via
walking trails, pathways and a central collector road spine;
Provision of an east west arterial road connecting New Illawarra Road
with Heathcote Road;
The provision of bushfire management measures including asset
protection zones, access routes and water services and neighbourhood
safe places.
Conservation
Gandangara will protect approximately 566 hectares of land in perpetuity
conserving significant biodiversity and maintaining an environmental corridor
from Georges River National Park in the north through to the Woronora River,
Defence land and other national parts to the south.
The program footprint has been designed to ensure listed threatened species
and communities are protected within this conservation reserve.
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In the limited cases where this is not possible, the submission contains a
package of mitigation and offsets to ensure the overall biodiversity value is
maintained or improved.
The proposal has increased the size of the conservation reserve by nearly 50%,
since the request for State Significant Site Listing, from 380 hectares to more
than 566 hectares.
The site has been, and continues to be, the subject of both illegal dumping
and illegal use by trail bikes and 4WDs. The submission proposes to
progressively clean up the dump sites and remediate all degraded areas.
Almost all the degradation and contamination was done in the many
decades the site was owned by the NSW Government. Notwithstanding this,
Gandangara proposes to pay for the clean up and remediation itself at no net
cost to the NSW Government.
Biodiversity Offset Arrangements
In addition to the provision and protection of the conservation area, other
compensatory measures can be used to offset the loss of biodiversity values
from the development footprint. The avoidance and mitigation measures are
considered adequate for the MNES relevant to the project. Offsetting is
required to address what would otherwise be a net loss of heath, woodland
and forest habitat resulting from construction of the program. As the
Heathcote Ridge project has been designed to avoid and minimise removal of
listed threatened species and communities, the key driver to the offsets
package is the loss of habitat.
A substantial package of compensatory measures is to be developed for the
program including direct and indirect offsets. The offsets package comprises
the following elements, which are discussed in detail in the Ecological
Assessment:
Provision and protection of land on-site (Heathcote Ridge Conservation
Area);
Preparation and implementation of a Biodiversity Management Plan
(BMP) for the Heathcote Ridge Conservation Area (HRCA);
Option for indirect offsets such as research funding.
The offsets package entails establishment of land for permanent conservation
of biodiversity values. The aim to securing land for compensatory measures is
to have a 2:1 offset ratio, which the proponent is committed to providing. This
ratio is considered appropriate given the vegetation to be cleared is
predominately non-MNES vegetation and is relatively abundant and
conserved in the locality, as well as the provision of indirect offsets.
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The MNES biodiversity values of the Heathcote Ridge Conservation Area will be
enhanced through the implementation of a BMP and is an important element
of the offsets package.
The offset package has been designed to meet the requirements of both the
State and Commonwealth agencies and to adhere to, where possible, the
NSW Office of Environment and Heritage (OEH) and the Commonwealth
Department of Sustainability, Environment, Water, Population and
Communities (SEWPaC) principles for offsets. Further development of the
offsets package will require consultation with NSW Department of Planning
and Infrastructure (DoPI), OEH and SEWPaC.
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Figure 2 Land Use Structure Plan
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1. INTRODUCTION
1.1 Background
In November 2011, the Commonwealth of Australia, through the Department
of Sustainability, Environment, Water, Population and Communities (SEWPaC)
and Gandangara Local Aboriginal Land Council (GLALC) commenced a
Strategic Assessment under the Environment Protection and Biodiversity
Conservation Act 1999 (EPBCAct) of the potential impacts likely to arise
through the development and management of the Heathcote Ridge
Development Site.
This Program Report (PR) has been prepared in accordance with section 6 of
the agreement between The Commonwealth of Australia and the GLALC. It
describes the program and presents commitments and undertakings for
protection of matters of national environmental significance (MNES).
The Heathcote Ridge Development (the Program) creates residential,
employment and conservation areas and related infrastructure at Heathcote
Ridge Development Site.
The strategic assessment of the Program under the EPBC Act comprises two
key reports:
the Program Report (this report) which identifies the elements of the
Program and the commitments and undertakings of the GLALC for the
protection and management of matters of national environmental
significance protected under the EPBC Act; and
the Strategic Assessment Report which provides a comprehensive
assessment of the impact of the Program on matters of national
environmental significance.
1.2 Consultation
The Program has been informed by a detailed program of stakeholder
consultation, including the local community. A Stakeholder Consultation
Strategy was prepared and has been implemented.
Consultation has been based on the meaningful dissemination of information
to, and engagement with, relevant parties as part of the Program
development and assessment process.
The consultation achieved the following:
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Awareness of the Program across a broad range of stakeholders,
community groups and the community;
Identification of key issues to be addressed;
Processes for on-going consultation.
The consultation included discussions with:
Political stakeholders through briefings with local members and relevant
ministers, local councils (Sutherland Shire and Liverpool City) and local
ward councillors;
A wide range of government agencies by the consultants on the team
in their respective areas of expertise and by the consultation team;
Major adjoining land owners including Department of Defence, Lucas
Heights Waste Resource Recovery Park, ANSTO, Cronulla Model Aircraft
Club, Jenko Pony Club, Benedicts Quarry, Menai Soil and Sands, local
resident groups immediately adjoining the site;
Local community groups including environmental organisations,
resident associations, chambers of commerce and the like.
A Draft Program Report and Draft Strategic Assessment Report were exhibited
together with the State Significant Site Study from 14 December 2011 to 29
February 2012. As a consequence of submissions received, the Program has
been modified and the modified Program is addressed in this report.
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2. CONTEXT OF THE PROGRAM AND STRATEGIC
JUSTIFICATION
2.1 Land Release History
2.1.1 Metropolitan Development Program
Since the early 1960’s the Menai area has been considered by the State
government as a potential area for urban expansion. The Sydney Region
Outline Plan released by the State Planning Authority in 1968 identified Menai
as one of the major urban growth areas in metropolitan Sydney. This was a
large area of sandstone plateau and incised gullies bounded by Georges River
to the north, Woronora River the east, Liverpool Military Area to the west and
the Australian Nuclear Science and Technology Organisation (ANSTO)
research facility to the south. The valleys formed by the rivers and tributaries
divided and defined the various planning areas of the Menai release area.
Planning for the area in the late sixties and early seventies identified some 37
planning precincts to be developed in three stages as indicated on Figure 3
with development of the first stage commencing in 1971. West Menai was to
be developed as the second stage and was released in the late 1970s for this
purpose. Stage 3 was to follow.
Figure 3. Menai Release Area Staging 1980’s
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2.1.2 Conclusion
Prior to Aboriginal land claims, the State Government, through its planning and
land development agencies (Department of Planning, Crown Lands Office
and Landcom), was progressing the rezoning of the West Menai Release area.
Council had prepared a Local Environmental Study of the area and had
initiated the preparation of a local environmental plan. As a consequence of
the delays associated with the land claims, studies to investigate and resolve
outstanding planning issues were not completed and the land was removed
from the Urban Development Program so as not to distort land supply figures.
The present State Significant Site Study provides the opportunity to complete
comprehensive planning investigations into the suitability of the previous
release area for development and move forward with the rezoning of the land
for urban purposes.
2.2 Metropolitan Strategic Planning
2.2.1 Metropolitan Plan 2036
The Metropolitan Plan for Sydney 2036 released in December 2010 is a major
review of the previous Metropolitan Strategy – City of Cities: A Plan for Sydney’s
Future, 2005. The Metropolitan Plan for Sydney 2036 provides a broad
framework for managing growth and development of Sydney over a 25 year
period. It aims to support continued economic growth for the Sydney region
while balancing social and environmental aspects. It aligns with a number of
State Plan priorities, including promoting jobs closer to home and improving
housing affordability. The Plan draws on the strengths and principles of the
2005 Metropolitan Strategy and the 2010 Metropolitan Transport Plan. With the
integration of transport and land use planning, there is now a much greater
emphasis on a connected and networked city.
The Metropolitan Plan for Sydney 2036 considered higher population
projections than those envisaged under the 2005 Metropolitan Strategy, with
an extra 400,000 people expected in Sydney by 2031. This results in a need for
an additional 770,000 new dwellings by 2036, an increase of 46%.
The Metropolitan Plan for Sydney 2036 seeks to locate at least 70 per cent of
new housing within existing urban areas and up to 30 per cent of new housing
in new release areas. New dwelling targets for the South Subregion
(containing Sutherland Shire) are an additional 58,000 dwellings to 2036. This
can be compared with a target of 35,000 new dwellings to 2031 under the
previous 2005 Metropolitan Strategy, of which 10,000 dwellings were targeted
for Sutherland.
The employment target for the South Subregion to 2036 is an additional 52,000
jobs. This can be compared with a target of 29,000 to 2031 under the previous
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2005 Metropolitan Strategy, of which 8,000 additional jobs was the target for
Sutherland.
Approximately 62% of Sutherland Shire residents work outside Sutherland. The
higher proportion of Sutherland Shire residents which travel outside of
Sutherland to work is as a result of there being a shortage of around 50,500 jobs
(i.e. the number of Sutherland Shire residents that work exceeds the number of
jobs in Sutherland by 50,500).
There are no other release areas in Sutherland Shire and land available to
meet the need for employment lands is in short supply. Consequently the site
has potential to meet the revised subregional dwelling and employment
targets.
New Government Announcements
Elements of the Metropolitan Plan for Sydney 2036 are likely to be reviewed by
the new State government. The Premier has announced plans for the
distribution of housing to be more balanced with 50% of new housing within
existing urban areas and 50 per cent of new housing in new release areas.
Location of Release Areas
There are no release areas remaining in the Southern Region of Sydney.
Sutherland Shire has no land remaining for new housing thus making it difficult
for the regional targets for housing to be met in response to the Metropolitan
Plan. These targets can only be met by redevelopment in existing areas for
higher density housing. This limits the choice and range of housing types
available to the market and restricts the provision of new home sites in the
Southern Region.
Unlike much of the North West and South West Growth Centres, West Menai is
capable of being serviced by Sydney Water with existing water and
wastewater systems having capacity to service the development with local
amplifications and lead in mains. It is located in a different geographic area
and different market and thus would appeal to a range of buyers currently
living in Sutherland Shire and the South Subregion and who are looking for an
opportunity to buy a home site or house locally so that they can remain in the
area. In this way the release of land at Heathcote Ridge would complement
release areas in the North West and South West Growth Centres and broaden
the range of new housing locations in metropolitan Sydney.
The release of land at West Menai for residential purposes will contribute to the
geographic market spread of housing supply including housing for the aged
and disabled and affordable housing.
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Conclusion
The development finalises the planning process for West Menai that
commenced in the 1970’s. It will enable the population and employment
targets for the South Subregion in the Metropolitan Plan to be met with an
additional release in a market different from other release areas. It completes
the planning for the release of the site that commenced with the Sydney
Region Outline Plan.
2.2.2 Regional Strategies
The Draft Sydney South Subregional Strategy was exhibited between
December 2007 and March 2008. It reflects the housing and employment
targets in the 2005 Metropolitan Strategy with dwelling targets set at 35,000
dwellings compared to 58,000 dwellings under the Metropolitan Plan for
Sydney 2036.
The Draft Sydney South Subregional Strategy includes an additional dwelling
target of 10,000 for Sutherland. This would increase to approximately 16,500
dwellings proportionally under the new Metropolitan Plan. The Draft Sydney
South Subregional Strategy requires substantial review to identify the location
of an additional 23,000 dwellings to 2036.
West Menai is identified as a potential employment area to be investigated in
the Draft Sydney South Subregional Strategy. The potential for the subregion to
attract knowledge and high skill industries to support emerging education and
medical facilities and to benefit from research projects being undertaken by
CSIRO and ANSTO at Lucas Heights is recognised in the strategy and drives the
concepts for employment lands on the site.
The employment capacity target for the subregion to 2031 is 29,000 additional
jobs, 8,000 of which are targeted to Sutherland local government area.
The Draft Sydney South Subregional Strategy is to be reviewed and finalised
having regard to the revised population and employment forecasts in the
Metropolitan Plan for Sydney 2036. It is considered that the land at West Menai
can perform an important role in meeting the supply targets for the subregion
in a manner that provides a greater diversity in housing choice at the
metropolitan and local levels.
2.2.3 Conclusion
The urban release of Heathcote Ridge will assist in achieving the population
and employment targets for the South Subregion in the Metropolitan Plan for
Sydney 2036 reflected in subregional and local strategies. The demographic
and housing market characteristics of this area are different from those in other
release areas enabling this release area to complement other releases in the
south west growth sector. The availability of essential services such as water,
sewerage and electricity ensures that the release of the area will provide
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efficiencies in land development and provide for a cost effective
development process and provide the opportunity for the development to
meet the cost of all infrastructure the development creates a demand for at
no net cost to government.
2.3 Demand for Urban Land Uses
2.3.1 Demand for Residential Land
The Draft Southern Sub-Regional Strategy identifies the need for an additional
35,000 dwellings by 2031, with 28% of these to be provided in Sutherland Shire.
The Metropolitan Plan increases the projected dwelling numbers in the
subregion and the current government announced a higher proportion of new
dwellings will be provided in greenfield locations.
Population trends in Sutherland indicated a falling population. Between 2001
and 2006 the population of the LGA declined by 0.1% per year (1,300 people
in total). The population of the Menai area also declined, by approximately
900 people (or -0.6% per year). There has been limited new development, with
the number of dwellings in the Menai area increasing by 186 between 2001
and 2006 (0.4% per year).
Land availability in the Menai area is scarce and previous smaller releases by
the GLALC have experienced strong demand. Additional land supply is
required to meet the subregional dwelling projections.
Demand for residential land is expected to remain strong and from a range of
sources. A key element of demand is likely to be from existing residents of
Sutherland Shire who do not want to leave the area.
Consultations have also indicated strong demand for land by Defence
Housing Authority because of the proximity of the site to the Holsworthy Military
Area.
The development would occur over a time frame of about 25 years and there
will be a number of property cycles during this time. Consequently, current
local market conditions, although indicative of a strong demand for land for
residential purposes, are of little relevance to the longer term position. The
fundamental indicator is the lack of land for urban release in the south of
Sydney and the important contribution Heathcote Ridge can make to
meeting metropolitan dwelling targets on a site suited for this purpose and for
which planning and service delivery has been commenced but not
completed.
Investigations have shown that housing affordability is a critical issue in
Sutherland Shire and is clearly apparent on numerous measures. Without an
increase in more affordable stock it is likely that supply shortages and
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continued high demand will lead to increasingly higher market prices,
increasing social inequity. Studies have found that:
A large proportion of ageing residents are living alone in dwellings best
suited to families. Not all want, or can afford, to downsize into the
housing forms currently available.
Young couples, with and without children, and young adults purchasing
their first home being unable to remain in (or return to) Sutherland Shire,
near their families and social networks. Many children of residents are
currently having to find their first home elsewhere.
Key workers are unable to afford to live near their places of
employment. This has a number of indirect economic and social
impacts on the LGA. Key workers provide critical services to the
community including education, police, childcare, aged services,
health care and hospitality. There is a risk of future labour supply
shortages, if people choose not to work in high cost areas.
Housing Affordability also extends to the rental market.
The socio-economic profile of the Shire is becoming polarised, with a
segment of the community slowly being excluded from the Shire by
housing costs.
The Shire is not currently supplying enough dwellings to meet
Metropolitan Strategy targets and this is likely to be the case for at least
the next few years.
The Shire has no land remaining for new housing. A report by Hill PDA1 in
support of a major project application elsewhere in the Shire identified
under 3,000 dwellings currently in the Shire’s land development pipeline.
Within the study locality there were just 235 dwellings.
Additional measures will be required to meet the new targets in the
Metropolitan Plan for Sydney 2036. There is considerable potential for
Heathcote Ridge to assist in this process.
2.3.2 Demand for Employment and Retail Uses
Detailed investigations have been undertaken into the demand for, and
supply of, employment in Sutherland and the capability of the site to meet that
demand.
The draft South Sub-Regional Strategy shows that Sutherland has an estimated
365 hectares of zoned employment lands (127 hectares of business land and
238 hectares of industry land). Most of this land is developed, with just 5%
estimated to be vacant. Much of the employment lands in Sutherland are
highly fragmented, and service local industry such as car repairs, panel
beaters and other start up local industrial businesses.
1Hill PDA (2010) ‘A centre’s study for Sutherland Shire’
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The key employment precincts in Sutherland Shire are highly constrained
and/or already highly developed and have limited opportunity for additional
development.
The draft South Sub-Regional strategy identifies part of Heathcote Ridge as
future employment land.
Future employment opportunities align with campus style development that
can accommodate a mix of light industry, offices, technology park and
research and education related uses. Parallels can be drawn to
developments which include a range of employment uses including office,
industrial, medical and pharmaceutical manufacture, data centres, retail and
hospital uses. The existing facilities at the ANSTO Corporate Park and CSIRO
would serve as a natural incubator to be built upon to meet the Shires
employment targets. Such facilities are well linked to areas such as medical
research and higher education uses, which are part of the two of the higher
employment growth sectors for Sutherland Shire. A satellite campus for the
University of Wollongong is an example of a higher education use that might
be well suited to the site.
Improvements to the regional road network resulting from the east west link
road and any necessary upgrades to Heathcote Road would reduce travel
times between Sutherland and Liverpool and increase the attractiveness of the
site as an employment area. There is the potential for resultant improvements
in public transport including bus services to Holsworthy and Sutherland stations
and additional metro bus services.
Investigations into retail needs for the development have been undertaken.
This report estimated the retail facility and associated town centre facility
requirements to meet the needs of the resident population and development.
The report finds that the development (7,500 residents and 4,700 jobs will
require retail and related floor space. Such a centre would be anchored by a
full-line supermarket of around 3,000 square metres.
2.3.3 Justification for Land Uses
The site has an area of approximately 849 hectares of which about 566
hectares (66.7%) are to be retained in a natural state and protected as a
conservation area.
The area identified for rezoning for urban development will provide a
balanced mix of residential and employment uses accommodating
approximately 4,700 workers and 7,500 residents in locations that respond to
site conditions and build on existing communities.
These uses will occupy approximately 283 hectares of the total 849 hectare site
with 566 hectares identified for conservation.
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It is considered that the land uses are justified for the following main reasons:
The uses are consistent with the capability of the land;
The residential land uses will make an important contribution to meeting
regional land supply targets in a manner that is sustainable and
achievable;
The employment uses are consistent with sub-regional planning strategy
for the area and provide a significant opportunity to redress the
imbalance between residents and jobs within Sutherland Shire;
Major utility services are available or can be readily extended to meet
the needs of the development;
The uses provide the opportunity for improved access in the wider area
with the construction of an extension of the Bangor Bypass to
Heathcote Road and the upgrade of Heathcote Road;
The conservation lands contain threatened species, populations and
communities and areas of Aboriginal archaeological importance.
In particular the extensive investigations undertaken by GLALC Study build on
previous studies and indicate that part of the site is capable of urban
development. Key stakeholder and community concerns relating to
biodiversity protection, access and bushfire management can be provided
and satisfactorily managed.
Previous investigations into the area by government agencies and Council at
the time of the release area planning for West Menai indicated potential for
about 5,000 home sites for over 18,000 persons and almost 60 hectares of
industrial land. The additional investigations undertaken as part of this study
and the overarching objectives of achieving a sustainable development
outcome have resulted in a reduction in the planned urban footprint to
accommodate approximately 2,400dwellings and 51.4 hectares of
employment land with the majority of the site and adjoining lands retained as
bushland.
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3. PROGRAM DESCRIPTION
3.1 Site Description
3.1.1 Regional Context
Heathcote Ridge is located approximately 25km south-west of the Sydney CBD
between the localities of Holsworthy, Menai and Barden Ridge. Lucas Heights
is located a few kilometres to the south. The site is 10km south-east of
Liverpool, and about 6km west of Sutherland (Figure 4).
Figure 4 Regional Context.
The site is located on the western extremity of Sutherland Shire adjoining the
City of Liverpool. It comprises steeply sided sandstone plateau with valleys
formed by Mill Creek and its tributaries draining northward to Georges River. A
small part of the site drains to the east to Woronora River.
The western boundary is Heathcote Road and the site extending eastward
across Mill Creek to the edge of the existing Menai residential area close to
New Illawarra Road. Both Heathcote Road and New Illawarra Road connect
to the M5, 6km to the north of the site. Heathcote Road joins the Princes
Highway about 9km to the south of the site.
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3.1.2 Property Description
Heathcote Ridge site comprises a number of allotments that are in the title of
Gandangara Local Aboriginal Land Council (“GLALC”) or subject to land
claims by the Council. Figure 5 shows the site.
The total site area is approximately 849ha in area. All lands other than LC 1692
and LC 6431 are owned by GLALC as the registered proprietor of freehold title.
LC 1692 is a land claim that has been granted and a survey has presently
been conducted at GLALC’s expense in order to effect the transfer of the land
from the Crown to GLALC, again as the registered proprietor of freehold title.
LC 6431 is an undetermined land claim. This means that a claim has been
lodged by GLALC pursuant to the provisions of the Aboriginal Land Rights Act
(ALRA) but no decision has yet been made by the relevant Minister. The ALRA
does not provide any statutory timeframe for the determination of land claims
so GLALC is unable to advise the timing for resolution of this outstanding land
claim.
Figure 5. Site Details
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3.1.3 Site Features
Typical of the suburbs of Menai, Bangor, Bardens Ridge, Alfords Point and
Illawong, the site comprises sandstone ridges incised by steep weathered
gullies and creeklines. These plateau areas are on the eastern and western
sides of Mill Creek which runs from south to north towards Georges River. The
upper slopes of Mill Creek on the eastern side of the creek up to the ridge line
formed by New Illawarra Road is developed for urban purposes whilst the
upper slopes on the western side bound by the western ridge along which runs
Heathcote Road is undeveloped and are the primary focus of this study.
Figure 6 Site Features
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3.1.4 Biodiversity, Flora and Fauna
The vegetation within the project area is predominantly native and forms a
mosaic of heath, woodland, forest and wetland and reflects topography,
geology and drainage. Topography provides the primary influence to broad
vegetation types, with geology and drainage contributing to divide these into
specific vegetation communities. The project area has a history of usage for
illegal recreational purposes including trail bike riding, 4WD driving and
bushwalking. In addition, the north western portion of the project area was
previously used for gravel mining.
The vegetation communities on the site include Shale/Sandstone Transition
Forest and Sydney Turpentine-Ironbark Forest listed under the EPBC Act.
Figure 7. Vegetation Communities
Flora
Nearly 400 flora species have been recorded from the project area during the
ecological assessment. The dominant plant families encountered within the
study area have consistently been represented by the Myrtaceae,
Proteaceae, Fabaceae, Ericaceae and Poaceae families. Myrtaceae is the
family represented by the highest diversity of species. The floral assemblage
across the project area is largely typical of dry sclerophyll sandstone
vegetation, however some areas show an influence of clay.
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The following EPBC threatened flora species were recorded within the project
area:
Acacia bynoeana(Bynoe’s Wattle) (EPBC Act: Vulnerable; TSC Act:
Endangered); and
Melaleuca deanei(Deane’s Paperbark) (EPBC Act: Vulnerable; TSC Act:
Vulnerable).
A number of threatened flora species known from the locality have the
potential to occur within the project area.
Fauna
The fauna habitats within the project area occur within the heath-woodland,
woodland and forest vegetation communities and within the permanent and
ephemeral water resources.
Over 100 vertebrate fauna species were recorded during the ecological
assessment, with the majority of species being native. This includes 10
amphibian, 66 bird, 24 mammal and 14 reptile species. The Grey-headed
Flying-fox (Pteropuspoliocephalus) (EPBC Act: Vulnerable) is the only EPBC
listed threatened species.
A number of threatened fauna species known from the locality have the
potential to occur within the project area.
The extent of impact on biodiversity values has been minimised by altering the
development footprint to avoid or minimise direct impacts to MNES. Key
communities that have been avoided include Shale/Sandstone Transition
Forest and Sydney Turpentine-Ironbark Forest. In addition, the development
footprint has been amended to avoid some areas of known occurrence of
threatened flora species. The development footprint has been reduced at
two locations in the northern portion of the project area to avoid direct
impacts to patches of Melaleuca deanei (Deane’s Paperbark).
Wider Biodiversity Connections
The site forms the edge of a continuous area of habitat that extends north
through Georges River National Park, west through Holsworthy Military Area
(Commonwealth Lands) and south towards Heathcote National Park. Beyond
Heathcote National Park, the area of habitat continues south and south west,
and includes Royal National Park, Dharawal State Conservation Area and
Nattai National Park. On a finer scale, detailed examination of the vegetation
and landscape of the area indicates numerous movement corridors for
wildlife. Movement of some species from the project area to adjacent areas
of habitat is impeded by Heathcote Road along the western boundary and
New Illawarra Road in the south eastern portion. Connectivity to Holsworthy
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Military Area is restricted for some fauna species due to the presence of a
fence line.
Cumberland Ecology2 found that there are large areas of nearby known
habitats for all of the impacted threatened flora and fauna within the site.
In relation to other MNES areas:
No World Heritage Properties occur within the locality of the project
area;
One Natural Heritage Place, “Royal National Park and Garawarra State
Conservation Area”, occurs 3km south east of the project area. The
Program is not considered to result in an impact to Royal National Park
and Garawarra State Conservation Area; and
One Wetland of International Significance, “Towra Point Nature
Reserve”, occurs within the locality of the project area. The project area
occurs 11km west of Towra Point Nature Reserve. The Program is not
considered to result in an impact to Towra Point Nature Reserve.
2Draft Strategic Assessment Report Heathcote Ridge, West Menai, prepared for Gandangara
Local Aboriginal Land Council by Cumberland Ecology with input from BBC Consulting
Planners July 2012
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Figure 8 Vegetation Mapping in Locality (as per DECCW, 2009)
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3.1.5 Urban Capability
The Heathcote Ridge Study Area contains a number of key opportunities and
constraints. These include:
Constraints
Aboriginal Cultural Heritage areas need to be retained and protected;
Areas with biodiversity significance including threatened species and
ecological communities and connections with surrounding bushland
areas;
Retention of riparian corridors along major streams;
Contamination issues – The site has been subject to illegal dumping and
other contamination issues that will require ongoing management;
Steep land formation and geology constraints with rock formations and
land slip issues;
Bushfire Hazards;
Existing transport and infrastructure is limited and will need to be
upgraded; and
Relationships with adjoining lands such as the Cronulla Aero Club,
Holsworthy Training Area the Lucas Heights Resource Recovery Park and
uses along new Illawarra Road to be managed.
Opportunities
The site has the capacity to contribute to meeting the dwelling needs of
the southern subregion and achieving metropolitan planning targets for
new dwellings;
Opportunity to promote sustainable urban development in an area
readily capable of access to utility services;
Increased employment within the Sutherland LGA providing ‘live work’
opportunities and opportunities to reduce job retention in the Shire;
the on-going management of the majority of the site for conservation
purposes integrated with the management of adjoining and nearby
lands of conservation value;
Education (opportunities for partnerships, indigenous scholarship
programs, technology and health related courses);
Heritage promotion and interpretation – opportunity to improve amenity
of the site and incorporate indigenous heritage interpretation;
New retail services to support the local community;
New open space and community services to meet the needs of the
development;
Opportunities for improvements to the State road system by the
provision of an additional east west transport link.
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The analysis indicates that the four key previously identified constraints of
bushfire risk, biodiversity impacts and offsets, access and adjacent uses can be
resolved in the design and implementation of the development.
The site is suitable for development and capable of being serviced in an
efficient manner with headworks already in place with capacity to
accommodate the needs of the development in key infrastructure areas.
3.2 The Program
3.2.1 Overview
Heathcote Ridge has the potential to create a high quality, environmentally
sustainable new community that is well connected, protects important
ecological areas, integrates with adjoining urban and bushland areas and
provides a range of living, working and recreational opportunities.
A Land Use Structure Plan for the site has been prepared by Place Design
Group with input from the consultant team (Figure 2). The Structure Plan takes
into consideration the inputs and views of the local community. The Land Use
Structure Plan will be implemented by appropriate zoning and planning
controls in Schedule 3 of SEPP (Major Development) 2005.
Urban development will take place over part of the site with the majority of the
site to be protected as a conservation area to be managed by the GLALC.
Offsets are provided to compensate for the loss of bushland associated with
urban development.
The urban design is driven by the need to protect areas of biodiversity
significance, to provide adequate protection from potential catastrophic bush
fire events and to provide adequate access to the site for private vehicles and
public transport.
The key elements of the proposal are:
The provision of a conservation area comprising 66.7% of the site and
having an area of 566 hectares;
Of the remaining 283 hectares of land, urban purposes comprise:
o 51.4 hectares of employment land (including a new village
centre) estimated to provide 4,700 jobs;
o 182.7 hectares of land for residential and associated purposes
including local open space capable of accommodating an
estimated 2,400 homes (7,200 persons);
o New sportsfields and open space (17.2 hectares), provision for a
school - and community facilities;
o A visitors and cultural heritage centre as a gateway to the
Heathcote Conservation Area;
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Creation of distinct residential neighbourhoods linked together via
walking trails, pathways and a central collector road spine;
Provision of an east west arterial road connecting New Illawarra Road
with Heathcote Road;
The provision of bushfire management measures including asset
protection zones, access routes and water services and neighbourhood
safe places.
As with the remainder of Menai, the urban structure is influenced by
topography with development located generally on the plateau areas
containing the more gently sloping lands.
3.2.2 Distribution of Land Uses
The Structure Plan accommodates the following principal land uses.
Employment Lands
Employment land is generally along Heathcote Road. This enables good
access from Heathcote Road with minimal intrusion of non-residential traffic
into residential areas. It also assists in providing the necessary protection to
residential areas from bushfire threat from the Holsworthy Military Area to the
west.
The employment land is bounded by Heathcote Road to the west and the
north south collector road which separates the employment land from the
residential land and provides good accessibility to employment uses. The
linear structure facilitates effective delivery of public transport.
The employment lands are expected to see a number of phases of
development over time from less intensive uses initially which in time could be
replaced by higher order employment uses.
It is expected that the employment zones will be attractive to businesses
seeking a campus setting in an environment where innovation in sustainability
and synergies with facilities at Lucas Heights or universities is encouraged and
who would be drawn to the available local skilled labour market.
Residential Precincts
Residential precincts are accessed from the north south collector road with
access to Heathcote Road controlled to a number of points to enable the
arterial road network to operate safely and efficiently.
Each precinct is seen as developing with a focal point including a local park
and possibly a small convenience or neighbourhood shop. The topography of
the site enables each precinct to be structured so that every dwelling is within
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400 metres walking distance to the focal point or collector road along which
bus services can operate. This focal point may include the defined
neighbourhood safe place in the event of major bush fire.
Flexibility is provided in the general residential areas to facilitate a variety of
housing types and more affordable housing.
Village Centre
The village centre is close to the middle of the residential areas. Originally
located in the northern precinct, the centre has been relocated in response to
community feedback on the need for a community centre earlier in the
development process rather that in a precinct that will be one of the last to
develop.
The centre has been located close to the east west arterial connection so as
to benefit from a more central location and exposure to traffic movements.
It is considered that the town centre will be the focus of the new residential
and working communities and will be the location of any primary school,
sportsfield, community centre and related uses.
Open Space and Community Facilities
Land is provided to accommodate a range of open space and community
facilities to meet the needs of the development.
3.2.3 Movement Systems
Street System
The road network system remains generally the same and includes:
An east west arterial connection linking New Illawarra Road to
Heathcote Road;
A collector road system including a north south collector separating the
employment and residential lands and complementing the function of
Heathcote Road;
Local streets providing access to the residential and employment
areas;
Bushland esplanade discussed above and separating urban areas from
the conservation area.
Streets will accommodate pedestrian and cycle movements.
The development will contribute to the need for network improvements off the
site with the details to be finalised on completion of additional modelling.
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A number measures are identified to influence and change travel behaviour
to bring about sustainable travel to and from Heathcote Ridge. Road
improvements will be staged in accordance with the development so that
required infrastructure is provided to meet the needs of the development.
Provision will be made for this infrastructure in a Voluntary Planning Agreement
to be entered into by GLALC and the Minister for Planning.
3.2.4 Development Staging
Development will occur in a staged manner with the direction of development
driven by economies in the provision of access and infrastructure services and
the timing of development influenced by demand and take up rates.
Precincts on the eastern side of the site adjacent to existing urban areas will be
developed in the early stages with servicing provided as a logical extension of
existing services.
Development of the western precincts requires the staged provision of the east
west access road. This road may be constructed in stages with the first stage
extending to Precinct 8 allowing this precinct to be released. The remaining
sections of this road would then be constructed allowing the development of
precincts from the east west connector heading north and south.
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Figure 9. Planning Precincts
3.3 Conservation Area and Biodiversity Management
3.3.1 Conservation Area
The Heathcote Ridge Conservation Area (HRCA) comprises that part of the site
outside the land zoned for an urban purpose. The HRCA contains areas of the
same heath vegetation communities and habitats in a comparable condition
to those that will be removed within the development footprint as well as
additional vegetation communities including threatened ecological
communities listed under the EPBC Act. The purpose of the HRCA is to protect
and enhance a significant area of vegetation and associated habitat that will
assist in the persistence of biodiversity values for the listed threatened species
and communities known or potentially occurring within the project area.
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Approximately 566ha of land, including native vegetation, will be retained
within the HRCA including examples of the vegetation communities to be
removed within the development footprint. Two listed EPBC Act threatened
communities will be conserved within the HRCA; Shale/Sandstone Transition
Forest and Sydney Turpentine Ironbark Forest. No area of EPBC listed
threatened communities are to be cleared within the development footprint.
The HRCA contains substantial areas of habitat for threatened flora and fauna
species known from the project area and locality. Areas containing known
and potential habitat for Acacia bynoeana and Melaleuca deanei occur
within the HRCA. Known and potential habitat for the Grey-headed flying fox
recorded within the project area will also be retained within the HRCA.
Habitat for a number of potentially occurring flora and fauna species also
occurs within the HRCA. The HRCA will contribute to retention of a sizeable
tract of foraging, roosting and dispersal habitat for threatened species that are
predicted to be impacted by the project.
3.3.2 Ownership and Management Arrangements
The HRCA will be zoned environmental conservation and will be retained in the
ownership of GLALC who will fund the preparation and implementation of the
BMP. The environmental conservation land use zoning has the following
objectives:
(a) to protect, manage and restore areas of high ecological, scientific,
cultural or aesthetic values,
(b) to prevent development that could destroy, damage or otherwise
have an adverse effect on those values
(c) To allow recreational uses compatible with the biodiversity values of
the area.
Development for any of the following purposes is permitted only with
development consent:
drainage; environmental protection works; environmental facilities;
flood mitigation works; information and education facilities; kiosks;
recreation areas; roads; sewerage systems; stormwater management
systems; water reticulation systems; water supply systems; waterbodies;
waterway or foreshore management activities.
Development consent for any works within this area requiring consent would
be obtained from the relevant consent authority.
3.3.3 Conservation Area Management Plan
The biodiversity values of the HRCA will be enhanced through the
implementation of a Biodiversity Management Plan (BMP). The BMP will build
upon the management of the native vegetation within adjacent areas to
assist in enhancing the integrity of the biodiversity values in the locality. The
long term protection of the HRCA and the implementation of best practice
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management strategies will achieve long term conservation outcomes
including threatened species, populations and ecological communities listed
under the EPBC Act. As numerous cultural heritage sites occur within the
HRCA, these will also be included within the management actions within the
BMP. Bushfire management requirements will also be included.
GLALC proposes the preparation of a comprehensive BMP for the HRCA prior
to the commencement of the development to incorporate all of the impact
mitigation and management measures to be undertaken for the project, and
provide detailed specifications for their implementation. The BMP will also
include provisions for bushfire management, cultural heritage management
and public access. The purpose of the BMP is to ensure that the conservation
objectives of the project are met and that impacts to biodiversity are
adequately managed in perpetuity.
The BMP will be a working document that guides all facets of biodiversity
management and biodiversity mitigation for the project, and includes clear
objectives and actions. The BMP will specify what measures will be
undertaken, how they will be undertaken, and will provide a timeline to ensure
that all activities are conducted according to the plan. The BMP will provide
key performance indicators against which to measure progress and will specify
appropriate review periods where progress is reviewed and the document
updated as required.
The development of the plan will include consideration of the following
management plans and guidelines for relevant lands within the locality:
Georges River National Park Plan of Management (NPWS 1994);
Plan of Management: Natural Areas – Lucas Heights Conservation Area
(Sutherland Shire Council, unpublished);
Royal National Park, Heathcote National Park and Garawarra State
Recreation Area Plan of Management (NPWS 2000);
Guidelines for developments adjoining Department of Environment and
Climate Change lands (DECC 2008).
Harmonising management arrangements across administrative boundaries will
result in significant benefits in terms of biodiversity protection, management
efficiencies, integrated access and management arrangements and
educational and scientific research.
Consultation with relevant adjacent land owners, including Department of
Defence (Holsworthy Military Area), Office of Environment (Georges River
National Park), Sutherland Shire Council (Lucas Heights Conservation Area)
and ANSTO, to assist in establishing a subregional objectives of biodiversity
management. These objectives can be incorporated into the BMP for the
Heathcote Ridge Conservation Area.
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Key management components to be addressed within the BMP include:
Mitigation measures, such as erosion and sediment control, to reduce
impacts from the adjacent development footprint;
Management of general biodiversity values:
o Measures to instigate the cessation of illegal recreation uses of
the project area (eg. Trail bike riding, 4WD driving);
o Erosion and sedimentation controls;
o Closure and rehabilitation of existing tracks;
o Rehabilitation and stabilisation of riparian zones;
o Weed management including measures for prevention,
suppression, control, and maintenance; and
o Feral animal control.
Management of threatened species and threatened ecological
communities:
o Translocation of Acacia bynoeana from the development
footprint to similar habitat within the HRCA and associated
monitoring;
o Enhancement and rehabilitation of threatened ecological
communities including Sydney Turpentine Ironbark Forest and ,
Shale/Sandstone Transition Forest;
o Enhancement and rehabilitation of habitat within the HRCA
suitable for Melaleuca deanei and Acacia bynoeana; and
o Monitoring of threatened flora and fauna populations.
Bushfire management;
Protection and management of cultural heritage sites in conjunction
with GLALC;
Management of ongoing uses of the HRCA:
o Development of access management protocols to determine
access for permissible activities, such as implementation of the
BMP and walking tracks;
o Details of any requirements for fencing and signage relating to
access rights within the various areas of the HRCA; and
o Establishment and maintenance of authorised walking tracks.
Monitoring of biodiversity values to guide adaptive management (see
below for further detail).
Extensive areas of land are managed for conservation in the locality. The
Biodiversity Management Plan (BMP) will describe the detailed management
actions to achieve the outcomes and commitments for MNES as set out in
Section 5 of the Program Report. Feasible targets for management measures
are incorporated into the BMP. The details of funding arrangements are to be
contained in the Biodiversity Management Plan, the preparation of which is to
be a required under a Planning Agreement between the Minister for Planning
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and Infrastructure and Gandangara Local Aboriginal Land Council in the
course of preparation.
3.3.4 Compensatory Measures
No area of Shale/Sandstone Transition Forest and Sydney Turpentine-Ironbark
Forest which are listed under the EPBC Act will be removed within the
development footprint. There may be indirect effects on these communities.
Potential impacts on EPBC listed species include:
Removal of known habitat for Acacia by noeana, and Melaleuca
deanei and removal of potential habitat for these and other potentially
occurring flora species; and
Removal of known and potential habitat for the Grey-headed Flying-
fox.
The avoidance and mitigation measures are considered adequate for the
MNES relevant to the project. Offsetting is required to address what would
otherwise be a net loss of heath, woodland and forest habitat resulting from
construction of the program. As the Heathcote Ridge project has been
designed to avoid and minimise removal of listed threatened species and
communities, the key driver to the offsets package is the loss of habitat.
The project area occurs in proximity to a substantial reserve system including
Georges River National Park, Heathcote National Park and Royal National
Park, which provide long-term security for listed threatened species and
communities. Despite the high level of conservation of similar biodiversity
values, compensatory measures for the project have been developed to
supplement the avoidance and mitigation measures, and are being used to
offset the loss of biodiversity values from the development footprint.
The package of compensatory measures for the project includes direct and
indirect offsets. The package comprises the following elements:
Provision and protection of land on-site (Heathcote Ridge Conservation
Area);
Preparation and implementation of a Biodiversity Management Plan for
the Heathcote Ridge Conservation Area including provisions for:
o Ongoing management;
o Translocation of Acacia bynoeana within the Heathcote Ridge
Conservation Area; and
o Ongoing monitoring.
Option for indirect offsets such as research funding.
The offset package has been designed to meet the requirements of both the
State and Commonwealth agencies and to adhere to, where possible, the
OEH principles for offsets.
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3.3.5 Managing Cultural Sites
Cultural sites within the conservation area are to be managed in accordance
with an Aboriginal Heritage Management Plan to guide ongoing
management of Aboriginal heritage within the conservation area and future
urban areas in accordance with the recommendations of the Aboriginal
Heritage Assessment Report.
3.3.6 Managing Riparian Corridors
A Riparian Corridor Assessment has been prepared for the study area by Harris
Environmental Consulting. In most cases, the width of the Core Riparian Zone
(CRZ) is no more than 1m at the head and gradually widens downstream with
increasing catchment.
The BMP for the conservation area will include management of riparian
streams within this area. This includes the majority of streams on the site.
In some cases the upper reaches of lower order streams (order 1 streams) are
located within land to be zoned for urban development. Such streams have
been disturbed in many instances by human activity on the site and resulting
erosion and vegetation removal. These water courses will be managed
through the urban design process and will be protected as required with
appropriate buffer zones. The appropriate management measures will include
grass swales.
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4. PROGRAM IMPLEMENTATION
4.1 Legal Framework
The Program will be implemented via a statutory planning and infrastructure
contribution framework established under environmental and planning
legislation.
4.1.1 Environment Protection and Biodiversity Conservation Act 1999
The Commonwealth EPBC Act establishes a requirement of Commonwealth
environmental assessment and approval for:
actions that are likely to have a significant impact on matters of
national environmental significance; and
actions that are likely to have a significant impact on the environment
on Commonwealth land..
If the Commonwealth Environment Minister determines that an approval is
required under the EPBC Act, the action is deemed to be a ‘controlled action’
and must undergo assessment under the EPBC Act and obtain an approval
under the EPBC Act prior to being undertaken.
The EPBC Act also provides for strategic assessment (s146 of the EPBC Act) of a
policy, plan or program. These strategic assessment provisions of the EPBC Act
allows for the approval of actions or classes of actions if they are taken in
accordance with an endorsed a policy, plan or program. Within this context, a
strategic assessment is a single process that can address a range of activities
that would otherwise be assessed on a project-by-project basis. This process
enables early consideration of MNES in the planning process, provides greater
certainty over future development and reduces administrative burden by
negating the need for individual development approvals under the EPBC Act.
4.1.2 Environmental Planning and Assessment Act 1979 and Regulation
2000
The EP&A Act and Regulation guide planning and development in NSW
including preparation of environmental planning instruments that control
development on land.
The EP&A Act regulates the implementation and enforcement of planning
powers. It makes provision for the preparation of environmental planning
instruments that control development on land. EPIs include the State
Environmental Planning Policy (Major Development) 2007 (the Major
Development SEPP) under which the site is being rezoned.
Schedule 3 of the Major Development SEPP identifies a number of sites in NSW
that are determined to be State Significant. This schedule rezones these sites
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and determines appropriate development controls to direct future
development.
On 22 September 2010, the then Minister for Planning agreed to consider a
proposal to have the site included as a State Significant Site. A study is in
support of the proposal to have the SEPP amended to include Heathcote
Ridge has been prepared addressing the SSS Study Requirements issued by the
Director-General of the Department of Planning and the requirements of the
Major Development SEPP.
The SSS Study Requirements calls for an assessment of the sustainability criteria
for new land releases in the 2005 Metropolitan Strategy. The proposal readily
meets these sustainability criteria for new land releases in the 2005
Metropolitan Strategy. This justifies the suitability of the site for residential
development and the reinstatement of the site on the Metropolitan
Development Program.
Clause 8 of the Major Development SEPP requires the SSS Study to consider the
State or regional planning significance of the site. These provisions of the Major
Development SEPP are used to deliver the State’s planning objectives on major
sites important in the implementation of the Metropolitan Plan and other
regional strategies. The provisions facilitate major investment in significant
economic and employment generating development in NSW.
The criteria for determining whether a site is of State Significance is set out in
the Department of Planning’s Guideline for State Significant Sites under the
Major Projects SEPP which requires that a State Significant Site must be of State
or regional planning significance because of its social, economic or
environmental characteristics. One or more of the following criteria are to be
met:
(a) be of regional or state importance because it is in an identified
strategic location (in a State or regional strategy), its importance to a
particular industry sector, or its employment, infrastructure, service
delivery or redevelopment significance in achieving government policy
objectives; or
(b) be of regional or state environmental conservation or natural
resource importance in achieving State or regional objectives.; or
(c) be of regional or state importance in terms of amenity, cultural,
heritage, or historical significance in achieving State or regional
objectives. For example sensitive redevelopment of important heritage
precincts; or
(d) need alternative planning or consent arrangements where:
(i) added transparency is required because of potential
conflicting interests
(ii) more than one local council is likely to be affected.
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It is considered that the proposal satisfied these criteria for the following
reasons.
(a) be of regional or state importance because it is in an identified strategic
location (in a State or regional strategy), its importance to a particular industry
sector, or its employment, infrastructure, service delivery or redevelopment
significance in achieving government policy objectives
The Site has been recognised for its State and Regional significance and
included in the Sydney South Subregional Strategy for future employment uses
and conservation. The land to be rezoned for employment uses will provide
approximately 51.4 hectares of employment generating land.
Residential land will provide the only new residential release area in the South
Subregion and provide the opportunity for new home buyers to remain in the
area. It will add diversity and choice to housing availability in the area and
provide a land release in a market segment that is different from other release
areas.
The 566 hectares preserved for conservation values will remain in GLALC
ownership, under a comprehensive management plan. This will ensure a
natural green corridor will remain and be managed to the benefit of the State
and the community adjacent the Georges River National Park, protecting the
upper reaches of the Georges River and Mill Creek. The preservation of land
for conservation and subsequent management will also ensure the ongoing
protection of threatened species and ecological communities found to occur
within the site.
The 51.4 hectares of employment land and future potential 2,400 dwellings will
assist in achieving the State Government new dwelling and employment
targets in the Metropolitan Plan for Sydney 2036 in a manner that can be
readily incorporated into the final subregional strategy.
The site is a significant parcel of land in Sydney South Subregion and one that
has previously been included in metropolitan plans and draft subregional
strategies. The proposal will assist in meeting State government policy to
release land to the market as quickly as possible.
(b) be of regional or state environmental conservation or natural resource
importance in achieving State or regional objectives.
Parts of the site are of regional environmental conservation and natural
resource importance because it contains endangered ecological
communities and threatened flora and fauna species. The site covers a wide
area over sandstone, shale and transitional soil landscapes giving rise to a
variety of vegetation assemblages.
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The protection and on-going management of approximately 566 hectares of
conservation lands is a key element of the proposal. This includes retention of
the riparian corridors and adjacent steep lands by GLALC will maintain
connectivity between the vegetation to the north and south of the site,
including the adjoining National Park.
Management by GLALC will ensure that the biodiversity values within the
retained vegetation communities will be maintained and enhanced over time.
The proposal will result in the:
Protection of areas of Aboriginal cultural significance;
Protection of riparian zones and hanging wetlands;
Protection of endangered ecological communities;
Protection of known and potential habitat for threatened flora and
fauna; and
Clean-up of degraded areas from previous illegal tipping.
(c) be of regional or state importance in terms of amenity, cultural, heritage, or
historical significance in achieving State or regional objectives. For example
sensitive redevelopment of important heritage precincts
Parts of the site are of regional cultural significance in relation to evidence of
Aboriginal occupation of the area. It is also of cultural importance being an
area of approximately 849 hectares in single ownership of the GLALC, an
organisation seeking to be self funding and serving its people and committed
to social, economic and environmental outcomes for the community. Returns
from development will be invested in a range of initiatives including Aboriginal
cultural and community facilities, bushland rehabilitation, medical programs
and facilities, Aboriginal employment schemes and training opportunities.
(d) need alternative planning or consent arrangements where:
(i) added transparency is required because of potential conflicting
interests
(ii) more than one local council is likely to be affected
The site is at the extremities of two LGAs with the proposal having implications
for Liverpool and Sutherland LGAs. Alternate assessment arrangements will
ensure that proper consideration is given to the impacts and benefits the
project will provide to both LGAs.
The Site needs to be considered in a State / Regional context rather than local
context to allow for a co-ordinated protection of priority areas of biodiversity,
the appropriate development of land for employment uses, the regional traffic
implications and importantly the development of residential and supporting
uses to ensure a dynamic and successful development is created.
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Sections 37 and 38 of the EP&A Act contain provisions for making SEPPs,
including amending SEPPs.
There are a range of other environmental planning instruments that control
development on land in order to achieve the objects of the EP&A Act which
are:
(a) to encourage:
(i) the proper management, development and conservation of
natural and artificial resources, including agricultural land, natural
areas, forests, minerals, water, cities, towns and villages for the
purpose of promoting the social and economic welfare of the
community and a better environment,
(ii) the promotion and co-ordination of the orderly and
economic use and development of land,
(iii) the protection, provision and co-ordination of
communication and utility services,
(iv) the provision of land for public purposes,
(v) the provision and co-ordination of community services and
facilities, and
(vi) the protection of the environment, including the protection
and conservation of native animals and plants, including
threatened species, populations and ecological communities,
and their habitats, and
(vii) ecologically sustainable development, and
(viii) the provision and maintenance of affordable housing, and
(b) to promote the sharing of the responsibility for environmental
planning between the different levels of government in the State, and
(c) to provide increased opportunity for public involvement and
participation in environmental planning and assessment.
4.1.3 Threatened Species Conservation Act (TSC Act) 1995
The TSC Act broadly seeks to ensure that the impact of any action affecting
threatened species, populations and ecological communities is properly
assessed, and to encourage the conservation of threatened species,
populations and ecological communities. The Schedules of the TSC Act
comprise lists of threatened marine and terrestrial fauna. The TSC Act requires
consideration of whether a development or an activity is likely to significantly
impact threatened species, populations, communities or their habitat.
Consideration of recovery plans, threat abatement plans, key threatening
processes and critical habitat is also required. The TSC Act contains a
prohibition against the damage of threatened species and their habitat and
contains provisions to protect endangered populations and threatened
ecological communities. The Ecological Assessment Report, prepared by
Cumberland Ecology, focuses on threatened species, populations and
communities listed by the TSC Act.
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4.2 Planning Processes and Tools
The Major Development SEPP provides a State government based planning
framework for the development of State significant sites. It makes provision for
a number of key policies, strategies, plans and legislation that will guide the
detailed land use planning process and development assessment and
approvals.
The Major Development SEPP will ultimately establish the land use zoning and
development controls for all the land within the site. Consent authorities, such
as local councils, must apply the provisions and consider the objectives of the
SEPP when they make planning decisions concerning the site.
4.2.1 Land Use Zones
The Heathcote Ridge site is to be rezoned to the following land use zones:
Zone R2 Low Density Residential,
Zone R3 Medium Density Residential,
Zone B2 Local Centre,
Zone B6 Enterprise Zone,
Zone IN2 Light Industrial,
Zone SP2 Infrastructure,
Zone RE1 Public Recreation, and
Zone E2 Environmental Conservation.
In accordance with the provisions of Part 2 of the Standard instrument Principal
LEP Template, the zone objectives and land uses have been tailored where
allowed by the Standard instrument to some extent to reflect certain site
specific characteristics. Those amendments add to the standard mandatory
objectives for each zone to reflect the significance, intended function and
character of the future open space areas and urban lands.
4.2.2 Principal Development Standards
Controls in relation to minimum lot size and density, floor space and height and
for different types of residential development such as dual occupancies and
apartments are provided.
The controls provide that development consent must not be granted for
development within Heathcote Ridge unless the consent authority is satisfied
that any public utility infrastructure that is essential for the development is
available or that adequate arrangements have been made to have that
infrastructure available when required. The SEPP amendment provides that
utility undertakings by or on behalf of a public authority are subject to
assessment under Part 5 of the EP&A Act.
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Future development on the site will be subject to further environmental
assessment and approval for subdivision and infrastructure works associated
with the development of neighbourhoods, and where not covered by exempt
and complying provisions, for individual buildings.
The Heathcote Ridge site will be developed as a series of staged
neighbourhoods or precincts which will be the subject of more detailed design
and assessment to support subdivision and street layout, open space areas
and infrastructure provisions.
The consent authority will be determined having regard to the provisions of the
EP&A Act, accompanying regulation and environmental planning instruments
as in force from time to time. It is considered that development will be
determined having regard to Parts 4 or 5 of the EP&A Act.
4.2.3 Infrastructure Requirements
The implementation of the project will require the provision of a range of public
amenities and services to meet the needs of the development. This includes
environmental conservation. A key commitment of the GLALC has been that
the project will fund its own infrastructure demands at no net cost to
government.
The public infrastructure and environmental conservation works required to
meet the demand generated by the development and associated funding
mechanisms have been identified.
Funding Mechanisms
The Environmental Planning and Assessment Act 1979 provides a number of
means by which infrastructure can beprovided and funded including:
Developer contributions under s94;
Fixed development consent levies under s94A;
A Voluntary Planning Agreement under s93F;
Conditions imposed to the grant of a development consent under
S80A(1)(f) of the Act requiring works on or off the site.
A planning agreement is a voluntary agreement between a planning authority
and a person such as GLALC who has sought a change to an environmental
planning instrument, or who has made, or proposes to make, a development
application under which the developer is required to dedicate land free of
cost, pay a monetary contribution, or provide any other material public
benefit, or any combination of them, to be used for or applied towards a
public purpose. Public purposes can include amenities or services, transport
infrastructure, affordable housing andconservation and enhancement of the
natural environment.
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Planning agreements are negotiated between the developer and the
planning authority in the context of the change to the planning controls on the
site.
Fundamental principles governing the participation by planning authorities in
planning agreements include:
planning agreements must be governed by the fundamental principle
that planning decisions may not be bought or sold or pre-determined;
planning authorities should not allow planning agreements to
improperly fetter the exercise of statutory functions with which they are
charged.
The proponent, GLALC, proposes to hold discussions with the DoPI and
Sutherland Council in relation to entering into one or more Voluntary Planning
Agreements for the provision of public purposes including amenities or services,
transport infrastructure, affordable housing and conservation and
enhancement of the natural environment the need for which is generated by
the Heathcote Ridge development.
It is considered that VPAs provide a number of community benefits:
they facilitate the integrated planning and delivery of facilities and
services required to meet the needs of the development in a timely
manner in conjunction with the development;
they clearly set out the infrastructure to be provided and the
responsibilities of the parties;
they provide certainty to government that the proponent can meet
governance and financial obligations relating to the project.
4.3 Conservation Processes and Tools
4.3.1 Impacts on Threatened Flora and Fauna and Endangered
Ecological Communities
Measures have been taken to reduce the size of the development footprint to
avoid to minimise direct impacts on Endangered Ecological Communities and
threatened species. This has reduced the area of impact for known and
potentially occurring threatened flora and fauna.
No area of Shale/Sandstone Transition Forest or Sydney Turpentine-Ironbark
Forest which are listed under the EPBC Act will be removed within the
development footprint. There may be indirect effects on these communities.
Potential impacts on EPBC listed species include:
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Removal of known habitat for Acacia bynoeana, and Melaleuca
deanei and removal of potential habitat for these and other potentially
occurring flora species; and
Removal of known and potential habitat for the Grey-headed Flying-
fox.
The substantial reduction in the size of the development footprint from
approximately 560ha under the initial proposal to 283ha has also increased the
width of the vegetated corridor extending north/south through the project
area. This corridor connects vegetation and associated habitats from Georges
River National Park to vegetation to the south of the project area which
extends to Heathcote National Park and Royal National Park.
The following is a summary of the impact of the project on listed species and
communities:
Removal of known habitat for Acacia bynoeana, and Melaleuca
deanei and removal of potential habitat for these and other potentially
occurring flora species; and
Removal of known habitat for the Grey-headed Flying-fox.
In addition to the direct impact of vegetation and habitat removal, a number
of other indirect impacts to vegetation and habitat can occur to the retained
vegetation including those related to habitat fragmentation, edge effects,
alteration to hydrological regimes, sedimentation and erosion, weeds and feral
animals and physical damage. The habitat fragmentation, edge effects and
other indirect impacts can impact on threatened fauna species such as the
Grey-headed Flying-fox.
The listed threatened species to be removed within the development footprint
are represented in adjacent areas within the locality, primarily to the west and
south of the site. The vegetation within the site is mirrored within Holsworthy
Military Area adjacent to Heathcote Road. Within the locality, Angophora
hispida – Eucalyptus haemastoma Heath-Woodland will be most impacted by
the development with approximately 5.78% of its distribution to be cleared,
followed by Corymbiagummifera – Angophora costata Woodland at 2.88%.
The proportions of each of the remaining communities to be cleared within the
locality are all less than one percent.
Substantial areas of Angophora hispida – Eucalyptus haemastoma Heath-
Woodland occur within Holsworthy Military Area. The habitats associated
within the vegetation communities to be removed within the development
footprint are also represented in the locality.
4.3.2 Ecological Corridors
The site forms an edge of a continuous area of habitat which connects to a
number of national parks. The project will retain a north-south and south west
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corridor providing and protecting connectivity between regional parks and
the Holsworthy Military Area. Retention of these corridors will continue to
facilitate the movement of species within the locality.
The project will reduce the width of some potential local movement corridors
for wildlife, constituting dispersal, foraging and nesting habitat for a range of
fauna groups, particularly birds and small-medium sized mammals. The local
movement corridors most impacted by the project are those connecting
fragments of Angophora hispida – Eucalyptus haemastoma Heath-Woodland
community. Connectivity to the adjacent Holsworthy Military Area will be
reduced, with the connection to occur in the south western corner of the
project area. This movement is already restricted by the fencing surrounding
the Defence property. The mesic habitats and areas along creeks which form
corridors for many species will be retained within the project area. The
retained local corridors within the project area are to be managed to
enhance ecological values.
The maintenance and preservation of wildlife corridors is an important
planning consideration influencing the development. Provision has been
made for wildlife corridors to retain viability of habitats.
4.3.3 Attributes of Offsets Package
A range of mitigation and compensation measures will offset the direct and
indirect impacts of the proposal. These are in addition to the avoidance
measures such as general reduction of the development footprint to reduce
the area of impact for known and potentially occurring threatened flora and
fauna. The substantial reduction in the size of the development footprint from
approximately 560ha to 283ha has also increased the width of the vegetated
corridor extending north/south through the project area.
Mitigation Measures
A range of mitigation measures are to be implemented within the project area
to minimise the impacts to biodiversity values. As the majority of the
development footprint will be cleared, the mitigation measures are primarily
related to reducing impact to adjacent vegetation, including that within the
project area. A summary of the mitigation measures for the project are
provided below:
Planning-related mitigation measures include:
Rezoning of the project area to assist ensuring the retained vegetation is
protected through appropriate land use zoning for conservation
purposes;
Positioning of the Asset Protection Zones (APZs) outside of the retained
area of vegetation;
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Design of APZs in accordance with the NSW Government publication
Planning for Bushfires 2006to allow for these areas to act as a buffer
between the developed areas and retained vegetation;
Design of water management devices within the APZ to provide
alternative habitat to fauna species; and
Staged development which should allow fauna to relocate into
adjacent woodland without assistance by using surrounding habitat
connectivity to facilitate dispersal.
General construction mitigation measures to be achieved through the
preparation of construction management plans as required by conditions of
development approval and which include:
Dust management - to minimise the impacts to vegetation and habitat
quality;
Noise management - to minimise impacts to fauna species;
Erosion and sedimentation controls - to minimise the impact to adjacent
vegetation and downstream environments
Stormwater management, through the implementation of a stormwater
management plan - to minimise impacts to adjacent vegetation and
habitat, and to provide stormwater control devices that could serve as
potential habitat for fauna.
Targeted ecological mitigation measures including:
o Inductions for contractors and visitors to address the location of
sensitive flora and fauna and outline their roles and
responsibilities for the protection and/or minimisation of impacts
to biodiversity values;
o Vegetation clearance protocols; and
o Fauna pre-clearance, rescue and translocation protocols.
General operational mitigation measures:
Ongoing erosion and sediment control;
Ongoing stormwater management;
Promotion of community awareness of biodiversity values of the
retained vegetation and associated habitats; and
Inspections to monitor effectiveness of mitigation measures and
provisions for adaption as required.
Details of these construction and operational mitigation measures are to be
included with any construction management plan and the Biodiversity
Management Plan (BMP) to be prepared for the retained vegetation.
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Compensatory Measures
Compensatory measures for the project have been developed to supplement
the avoidance and mitigation measures, discussed above, and are being
used to offset the loss of biodiversity values from the development footprint.
The compensatory measures will address what would otherwise be a net loss of
heath, woodland and forest habitat resulting from construction of the project.
As the Heathcote Ridge project has been designed to avoid or minimise
removal of listed threatened species and communities, the key driver to the
package of compensatory measures is the loss of threatened species habitat.
The package of compensatory measures for the project includes direct and
indirect offsets. The package comprises the following elements:
Provision and protection of land on-site (Heathcote Ridge Conservation
Area): The Heathcote Ridge Conservation Area (HRCA) comprises the
remaining land within the project area, outside of the development
footprint. The HRCA, which contains approximately 566ha of land,
including native vegetation, has been included within the offsets
package as it contains areas of listed threatened communities as well
as habitats for listed threatened species that will be translocated or
removed from within the development footprint. One purpose of the
HRCA is to protect and enhance a significant area of vegetation and
associated habitat that will assist in the persistence of biodiversity values
for the MNES, known or potentially occurring within the project area.
The land will be rezoned in perpetuity for conservation, and GLALC will
retain ownership.
Preparation and implementation of a Biodiversity Management Plan for
the Heathcote Ridge Conservation Area: The BMP will provide a
comprehensive framework for the implementation of the biodiversity
management measures for the project. The BMP will provide detailed
information on the HRCA, including descriptions of the vegetation
communities including MNES and the management actions required to
conserve and improve the biodiversity within the HRCA and maximise
the ability to provide habitat for threatened species. The BMP will
outline long and short term management requirements and monitoring
methodologies for the HRCA as well as objectives, performance criteria
and indicators, and details of other contributions to conservation.
Option for indirect offsets such as research funding: To supplement the
conservation areas and their associated management, the package of
compensatory measures is to include provision of indirect offsets such as
monetary contributions to research on biodiversity issues relating to the
project area. Potential options for indirect offsets include: Research into
the conservation and management of the threatened species
recorded from the project area, Contribution towards the preparation
of Recovery Plans for threatened species, Contribution towards the
development of sub regional biodiversity strategies, Implementing
action(s) in a Recovery Plan, Biodiversity Action Plan or Management
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Plan, or Financial contributions to the management of conserved land
in the locality. The details of these indirect measures is to be contained
in the Biodiversity Management Plan, the preparation of which is
required under a Planning Agreement between the Minister for Planning
and Infrastructure and Gandangara Local Aboriginal Land Council in
the course of preparation.
The offset package has been designed to meet the requirements of both the
State and Commonwealth agencies and to adhere to, where possible, the
OEH principles for offsets. Further development of the offsets package will
require consultation with Department of Planning and Infrastructure (DoPI),
OEH and SEWPaC. Compensatory measures will be finalised prior to approval
of the project.
The HRCA will be zoned environmental conservation and will be retained in the
ownership of GLALC who will fund the preparation and implementation of the
BMP, including measures for MNES.
4.3.4 Aboriginal Cultural Heritage Impacts
A total of 41 previously recorded sites and 40 newly recorded sites within
proximity to potentially developable areas have been considered. In addition
two areas of potential Aboriginal cultural significance have been suggested
by some Aboriginal people consulted, and queried by others.
The results of the study have allowed the extent of potentially developable
areas to be amended to avoid impacts to documented Aboriginal
archaeological sites. Several areas of archaeological potential may be
affected however and require further investigation to determine whether they
contain any Aboriginal archaeological remains.
The enactment of these recommended actions will provide a solid basis for the
preparation of an Aboriginal Heritage Management Plan to guide the ongoing
management and protection of Aboriginal heritage in relation to future
development within the subject lands.
The proponent, GLALC proposes to prepare this management plan to be
implemented during the development design and approval processes.
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5. OUTCOMES AND COMMITMENTS FOR MATTERS OF
NATIONAL ENVIRONMENTAL SIGNIFICANCE
The Program includes a range of measures for MNES protected under the EPBC
Act. This section describes those measures and the activities to achieve them
for each of the key matters. The measures are drawn from the detailed
analysis in the Strategic Assessment Report and include:
potential impacts to the MNES;
measures to mitigate and manage potential impacts;
offset measures; and
the conservation outcome.
5.1 Outcomes
Sydney Turpentine-Ironbark Forest
No area of Sydney Turpentine-Ironbark Forest which is listed under the EPBC
Act will be removed within the development footprint. There is no direct
interface between Sydney Turpentine/Ironbark Forest and the development
footprint, which minimises indirect impacts to the community. Potential
indirect impacts to this community include weed invasion and physical
damage from uncontrolled access. A buffer between the development and
the community will assist in reducing indirect impacts.
No offsets are proposed for Sydney Turpentine-Ironbark Forest as avoidance
and mitigation measures are considered sufficient to ensure the persistence of
the community.
The area of this community occurring within the program area is located within
the Heathcote Ridge Conservation Area. This area of land is to be retained
under an appropriate zoning so as to ensure its ongoing protection. The
zoning is consistent with the NSW Government’s Principal Local Environmental
Plan under which the HRCA would be within Zone E2 Environmental
Conservation. The objectives of Zone E2 Environmental Conservation are as
follows:
(a) to protect, manage and restore areas of high ecological, scientific,
cultural or aesthetic values,
(b) to prevent development that could destroy, damage or otherwise
have an adverse effect on those values
(c) To allow recreational uses compatible with the biodiversity values of
the area.
Development for any of the following purposes is permitted only with
development consent on land within Zone E2 Environmental Conservation:
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drainage; environmental protection works; environmental facilities;
flood mitigation works; information and education facilities; kiosks;
recreation areas; roads; sewerage systems; stormwater management
systems; water reticulation systems; water supply systems; waterbodies;
waterway or foreshore management activities.
All other development is prohibited.
A Biodiversity Management Plan is also to be implemented within the
Heathcote Ridge Conservation Area. Implementation of such a plan would
assist in improving the quality of the community by restoring the areas
degraded from ongoing land uses and managing potential ongoing impacts
such as weed invasion. Provisions for monitoring will assist in the ongoing
adaptive management of the community
Shale/Sandstone Transition Forest
No area of Shale/Sandstone Transition Forest which is listed under the EPBC Act
will be removed within the development footprint. As a result of the program,
there will be numerous interfaces between the development footprint and the
retained portions of Shale/Sandstone Transition Forest. These portions of the
community will be indirectly impacted. Clearing of vegetation at this interface
will increase edge effects on the retained portion of Shale/Sandstone
Transition Forest and as a result, the community may be impacted by altered
microclimates, weed invasion and soil erosion. This community may also be
impacted by physical damage from uncontrolled access.
No offsets are proposed for Shale/Sandstone Transition Forest as avoidance
and mitigation measures are considered sufficient to ensure the persistence of
the community.
The area of this community occurring within the program area is located within
the Heathcote Ridge Conservation Area. This area of land is to be retained
under an appropriate zoning so as to ensure its ongoing protection. A
Biodiversity Management Plan is also to be implemented within the Heathcote
Ridge Conservation Area. Implementation of such a plan would assist in
improving the quality of the community by restoring the areas degraded from
ongoing land uses and managing potential ongoing impacts such as weed
invasion. Provisions for monitoring will assist in the ongoing adaptive
management of the community
Acacia bynoeana,
Twenty-one individuals of Acacia bynoeana will be removed and translocated
as a result of the program. As this species is known to have a long-term soil
seed bank, translocation will also include the transfer of the soil material
adjoining the specimens. The translocated specimens will be retained within
the program area. There is a high risk of uncertainty associated with
translocation. An additional seven known individuals will be retained within the
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conservation area. This species is not currently known within any of the
conservation reserves within the locality.
Approximately 188.85ha of suitable habitat for Acacia bynoeanacomprising
Angophora hispida – Eucalyptus haemastoma Heath-Woodland is to be
cleared from the program area. The loss of this vegetation would result in a
decrease in the amount of suitable habitat available to this species. The
habitat to be removed within the program area is not considered important for
the long-term survival of the species. Approximately 51.24ha of suitable
habitat, including seven known individuals, will be conserved within the project
area. Additional areas of potential habitat occur within the locality, such as
within Holsworthy Military Area.
The local population of Acacia bynoeana within the program area is not
considered as an important population or occurring in habitat critical to the
survival of the species, therefore avoidance measures have not been
implemented for this species. Individuals of the local population will be
retained within the conservation area.
Some mitigation measures under the program are relevant to Acacia
bynoeana, including the translocation of a portion of the local population and
management of suitable habitat within the Heathcote Ridge Conservation
Area. This area of land is to be retained under an appropriate zoning so as to
ensure its ongoing protection. A Biodiversity Management Plan is also to be
implemented within the Heathcote Ridge Conservation Area. Implementation
of such a plan would assist in improving the quality of the suitable habitat by
restoring the previously impacted areas and managing potential ongoing
impacts such as weed invasion. Provisions for monitoring will assist in the
ongoing adaptive management of the species and its habitat.
Melaleuca deanei
This species was recorded at numerous locations across the program area.
Seventy-one known individuals occur within the development footprint. There
is potential for this species to occur within additional areas within the
development footprint. The local populations of Melaleuca denai occurring
within the program area are not considered as a population that is necessary
for the species long term survival and recovery.
Approximately 261.7ha of suitable habitat for Melaleuca deanei, comprising
Angophora hispida – Eucalyptus haemastoma Heath-Woodland and
Corymbiagummifera – Angophora costata Woodland is to be cleared from
the project area. The loss of this vegetation would result in a decrease in the
amount of suitable habitat available to this species. The habitat to be
removed within the project area is not considered important for the long-term
survival of the species. Approximately 276.31ha of suitable habitat, including
22 known individuals, will be conserved within the project area. Additional
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areas of potential habitat occur within the locality, such as within Lucus Heights
Conservation Area.
The local population of Melaleuca deanei within the program area is not
considered as an important population or occurring in habitat critical to the
survival of the species. Despite this, a number of areas containing individuals
of this species, as well as potential habitat, have been avoided.
Some mitigation measures under the program are relevant to Melaleuca
deanei, including management of suitable habitat within the Heathcote Ridge
Conservation Area. This area of land is to be retained under an appropriate
zoning so as to ensure its ongoing protection. A Biodiversity Management Plan
is also to be implemented within the Heathcote Ridge Conservation Area.
Implementation of such a plan would assist in improving the quality of the
suitable habitat by restoring the previously impacted areas and managing
potential ongoing impacts such as weed invasion. Provisions for monitoring will
assist in the ongoing adaptive management of the species and its habitat.
Grey-headed Flying-fox
The Grey-headed Flying-fox was recorded within numerous vegetation
communities within the program area and is expected to utilise most of the
program area for foraging. Approximately 283ha of suitable habitat is to be
cleared from the program area. The loss of this vegetation would result in a
decrease in the amount of suitable habitat available to this species. The
habitat to be removed within the program area is not considered important for
the long-term survival of the species within the locality. Sufficient known and
potential habitat will be retained and conserved within the program area and
within conservation reserves in the locality. Within the locality, known Grey-
headed Flying-fox habitat is conserved within Georges River National Park,
Heathcote National Park, Royal National Park and Leacock Regional Park. The
Atlas of NSW Wildlife holds numerous records for this species within the SMCMA.
The population of the Grey-headed Flying-fox occurring within the program
area is not considered to be an important population. However, the habitat
occurring within the program area can be considered as essential habitat as
defined by the draft National Recovery Plan for the Grey-headed Flying-fox {,
2009 #4071}. The program area is located within 50km of a number of camps
that are used continuously or annually by the Grey-headed Flying Fox, such
the Royal Botanic Gardens Sydney and Gordon. A rarely used camp has also
been identified in the Menai area. The project area also provides foraging
resources for the period September-May.
The removal of a portion of the available foraging habitat for the population of
the Grey-headed Flying-fox occurring within the program area is not
considered to interfere substantially with the recovery of the species. Despite
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this, extensive areas of suitable habitat have been avoided within the program
area.
Some mitigation measures under the program are relevant to the Grey-
headed Flying-fox, including management of suitable habitat within the
Heathcote Ridge Conservation Area. This area of land is to be retained under
an appropriate zoning so as to ensure its ongoing protection. A Biodiversity
Management Plan is also to be implemented within the Heathcote Ridge
Conservation Area. Implementation of such a plan would assist in improving
the quality of the suitable habitat by restoring the previously impacted areas
and managing potential ongoing impacts. Provisions for monitoring will assist
in the ongoing adaptive management of the species and its habitat.
5.2 Summary of Commitments
5.2.1 Funding Arrangements for MNES Conservation
Commitments Actions Responsibility Timing
1. Establishment
of the
Heathcote
Ridge
Conservation
Area. Funding
arrangements
to be put in
place for the
ongoing
management
of
conservation
area
a) Funding arrangements to
be established for
ongoing management of
HRCA. 566 ha of extant
native vegetation
including habitat for
MNES will be established
as the HRCA.
The relevant MNES are:
Sydney Turpentine-
Ironbark Forest
Shale/Sandstone
Transition Forest
Acacia bynoeana,
Melaleuca deanei
Grey-headed Flying-
fox
Koala
GLALC Ongoing
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5.2.2 Land Use Zoning
Commitments Actions Responsibility Timing
2. Establish a
conservation
zone over the
Heathcote
Ridge
Conservation
Area
HRCA would be within Zone
E2 Environmental
Conservation. The objectives
of Zone E2 Environmental
Conservation are as
follows(a) to protect,
manage and restore areas of
high ecological, scientific,
cultural or aesthetic
values,(b) to prevent
development that could
destroy, damage or otherwise
have an adverse effect on
those values; and (c) To
allow recreational uses
compatible with the
biodiversity values of the
area.
Development for any of the
following purposes is permitted
only with development consent
on land within Zone E2
Environmental Conservation:
drainage; environmental
protection works;
environmental facilities;
flood mitigation works;
information and
education facilities; kiosks;
recreation areas; roads;
sewerage systems;
stormwater management
systems; water reticulation
systems; water supply
systems; waterbodies;
waterway or foreshore
management activities.
All other development is
prohibited.
NSW Minister
for Planning
Prior to
any
develop
ment
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5.2.3 Sydney Turpentine-Ironbark Forest and Shale/Sandstone Transition
Forest
Commitments Actions Responsibility Timing
3. Retention
and
protection
of all STIF
within the
site,
including a
minimum of
1.72 ha of
STIF
a) Retention and protection of
STIF by:
b) Protection through land use
zoning within Zone E2
Environmental Conservation
as discussed above.
NSW Minister
for Planning
Relevant
consent
authorities
Prior to any
development
c) Prepare and implement a
Biodiversity Management Plan
for the HRCA to improve the
quality of this community and
manage indirect impacts
such as weed invasion.
d) Undertake monitoring of the
ongoing adaptive
management of the
community.
e) Provide regular public
reporting of the BMP
outcomes.
GLALC
Prior to
development
commencing
and ongoing
4. Retention
and
protection
of all SSTF
within the
site,
including a
minimum of
19.96 of SSTF.
a) Retention and protection of
SSTF by:
b) Protection through land use
zoning within Zone E2
Environmental Conservation
as discussed above.
NSW Minister
for Planning
Relevant
consent
authorities
Prior to any
development
c) Prepare and implement a
Biodiversity Management Plan
for the HRCA to improve the
quality of this community and
manage indirect impacts
such as weed invasion.
d) Undertake monitoring of the
ongoing adaptive
management of the
community.
e) Provide regular public
reporting of the BMP
outcomes.
GLALC
Prior to
development
commencing
and ongoing
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5.2.4 Acacia bynoeana,
Commitments Actions Responsibility Timing
5. Management of
21 individual
species of
Acacia bynoena
within the
development
footprint
(including
translocation to
HRCA)
6. Retain and
protect 51.24 ha
of habitat for
Acacia bynoena
within the HRCA.
a) Retention and protection
of suitable habitat for
Acacia bynoena:
b) Protection through land
use zoning within Zone E2
Environmental
Conservation as discussed
above.
NSW Minister for
Planning
Relevant consent
authorities
Prior to any
development
c) Prepare and implement a
Biodiversity Management
Plan for the HRCA to
improve the quality of this
community and manage
indirect impacts such as
weed invasion.
d) Undertake monitoring of
the ongoing adaptive
management of the
community.
e) Provide regular public
reporting of the BMP
outcomes.
GLALC
Prior to
development
commencing
and ongoing
5.2.5 Melaleuca deanei
Commitments Actions Responsibility Timing
7. Retention and
protection of
habitat for
Melaleuca
deanei within
the HRCA.
a) Retention and protection
of276.31ha of suitable
habitat for Melaleuca
deanei:
b) Protection through land
use zoning within Zone E2
Environmental
Conservation as discussed
above.
NSW Minister for
Planning
Relevant consent
authorities
Prior to
any
develop
ment
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Commitments Actions Responsibility Timing c) Prepare and implement a
Biodiversity Management
Plan for the HRCA to
improve the quality of this
community and manage
indirect impacts such as
weed invasion.
d) Undertake monitoring of
the ongoing adaptive
management of the
community.
e) Provide regular public
reporting of the BMP
outcomes.
GLALC
Prior to
develop
ment
commen
cing and
ongoing
5.2.6 Koala
Commitments Actions Responsibility Timing
8. Retention and
protection of
habitat for
Koala within
the HRCA.
a) Retention and
protection of 560.37 ha
of suitable habitat for
Koala.
b) Protection through land
use zoning within Zone
E2 Environmental
Conservation as
discussed above.
NSW
Minister for
Planning
Relevant consent
authorities
Prior to any
development
c) Prepare and implement
a Biodiversity
Management Plan for
the HRCA to improve
the quality of this
community and
manage indirect
impacts.
GLALC
Prior to
development
commencing
and ongoing
5.2.7 Grey-headed Flying-fox
Commitments Actions Responsibility Timing 9. Retention and
protection of
habitat for
Grey-headed
a) Retain and protect
protection of 560.37 ha
of suitable habitat for
Grey-headed Flying-fox:
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Commitments Actions Responsibility Timing Flying-fox
within the
HRCA.
b) Protection through land
use zoning within Zone
E2 Environmental
Conservation as
discussed above.
NSW
Minister for
Planning
Relevant consent
authorities
Prior to any
development
c) Prepare and implement
a Biodiversity
Management Plan for
the HRCA to improve
the quality of this
community and
manage indirect
impacts such as weed
invasion.
d) Undertake monitoring of
the ongoing adaptive
management of the
community.
e) Provide regular public
reporting of the BMP
outcomes.
GLALC
Prior to
development
commencing
and ongoing
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6. PROGRAM EVALUATION REPORTING AND
MONITORING
6.1 Mechanisms to Monitor Outcomes of the Program
The GLGLC is committed to a framework for reporting against the requirements
of the Conservation Area and Biodiversity Management requirements of the
Program. This framework will be adapted to include the EPBC Act reporting
and evaluation requirements for the Program. There are three main elements
to the reporting framework:
1. A public annual report highlighting the Conservation Area and Biodiversity
Management outcomes achieved in the previous year.
2. A public report highlighting the consistency of each development proposal
with the Conservation Area and Biodiversity Management requirements of the
Program.
3. An audit of the Conservation Area and Biodiversity Management
requirements of the Program every twoyears to assess progress in achieving
the objectives of the Program.
6.2 Commitment to Regular Public Reporting
The Terms of Reference state that reports must set out:
(a) monitoring, public reporting and independent auditing to be
undertaken
(b) record keeping and review processes under the Program, and
(c) the person(s)/authorities responsible for these actions.
6.2.1 Annual Report
GLGLC will prepare a public annual report highlighting the Conservation Area
and Biodiversity Management outcomes achieved in the previous year with
respect to MNES. It will be provided to SEWPaC at the same time. This will
report on the impacts and risks to MNES being managed. The annual report
will be provided for the first 5 years of the implementation of the project and
for subsequent years as directed by SEWPaC. The matters to be addressed will
include but not be limited to:
Status of development;
Status of establishing and managing conservation area;
Translocation success;
Unforseen impacts on MNES and actions to address.
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6.3 Mechanism to Independently Audit the Program
GLALC will establish a Biodiversity Management Reference Group to evaluate
the Conservation Area and Biodiversity Management requirements of the
Program.
The purpose of the independent audit will beto evaluate the Program’s
progress in achieving the SEWPaC objectives in ensuring the protection of
threatened biodiversity values and MNES and will report on:
status of development;
progress in establishing and protecting the conservation area within the
site;
translocation success;
progress in achieving the required offset areas within the site;
unforseen impacts on MNES and actions to address;
a summary of the outcomes for matters of national environmental
significance.
Terms of Reference will be prepared which will include provision for input from
relevant government agencies. These reporting mechanisms will contain clear
provisions for adaptive measures should outcomes not be achieved for MNES.
The report will identify perceived risks from development and report on
outcomes. The report will also identify unforseen impacts and actions to
address such impacts.
The annual report on the audit will be provided every two years for the
duration of the development period or for a lesser period as directed by
SEWPaC.
The reports will be published on the program web site and provided to
relevant approval agencies including Department of Planning and
Infrastructure and Council.