PLANNING SCHEME AMENDMENT

PLANNING SCHEME AMENDMENT

August 2013

Waterford Drive , Miners Rest

TPG Ref: 2008 Client: Sunland Group Australia

PLANNING SCHEME AMENDMENT & SUBDIVISION | Waterford Drive, Miners Rest

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Planning Scheme Amendment Water fo rd Dr i ve , M iner s Res t

EXECUTIVE SUMMARY This submission is made on behalf of the Sunland Group Victoria who own the subject site

consisting of two lots located on the east side of Waterford Drive and west of the Burrumbeet

Creek. This submission seeks the rezoning of the land to facilitate its development for urban

purposes. A concurrent planning permit application is submitted for a 37 lot subdivision of

that land which includes two open space reserves.

The land is located on the eastern edge of the Miners Rest town and abuts the successful

Macarthur Park residential estate that has largely been completed. The subject land is

relatively flat and is largely unconstrained for urban residential purposes and is constrained

and restricted from future urban expansion due to the Burrumbeet Creek to the east. The 37

lot subdivision has a total area of 7.4 hectares and is a logical extension of that residential

environment.

Ballarat is experiencing significant population growth which is likely to increase in the future.

This growth accords with Ballarat’s future vision as the primary western Victorian centre for

governance, education, health and social infrastructure. With population growth, comes

demand for a variety of accommodation types and locations with associated services and

social infrastructure.

The location of the subject site benefits from its access to existing physical infrastructure,

proximity to the recently upgrade Wendouree Rail Station and is contiguous with existing

residential development at Macarthur Park. This site will provide a small number of lots in a

popular location that will allow Miners Rest to continue to prosper.


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Table of Contents EXECUTIVE SUMMARY ........................................................................................................................ 1

INTRODUCTION ..................................................................................................................................... 4

SITE AND SURROUNDS ....................................................................................................................... 5

THE SITE ................................................................................................................................................................ 5

SURROUNDING ENVIRONS ......................................................................................................................................... 6

ROADS, ACCESS AND TRANSPORT ............................................................................................................................... 7

SITE SERVICES ......................................................................................................................................................... 8

FLORA AND FAUNA .................................................................................................................................................. 8

ABORIGINAL HERITAGE ............................................................................................................................................. 9

LAND CAPABILITY .................................................................................................................................................... 9

SITE ANALYSIS ................................................................................................................................... 10

SITE OPPORTUNITIES AND CONSTRAINTS .................................................................................................................... 10

SITE OPPORTUNITIES .............................................................................................................................................. 11

SITE CONSTRAINTS ................................................................................................................................................ 11

DEVELOPMENT PRINCIPLES ..................................................................................................................................... 12

OVERVIEW OF THE PLANNING FRAMEWORK ............................................................................... 13

STATE PLANNING POLICY FRAMEWORK ..................................................................................................................... 13

LOCAL PLANNING POLICY FRAMEWORK ..................................................................................................................... 17

Municipal Strategic Statement .................................................................................................................... 17

Local Planning Policies ................................................................................................................................. 26

ZONES AND OVERLAYS ........................................................................................................................................... 26

MINERS REST OUTLINE DEVELOPMENT PLAN.............................................................................................................. 27

OTHER PROVISIONS OF THE BALLARAT PLANNING SCHEME ............................................................................................ 28

SUMMARY AND IMPLICATIONS OF PLANNING POLICY FRAMEWORK ................................................................................. 29

THE AMENDMENT PROPOSAL ......................................................................................................... 30

THE PROPOSED AMENDMENT .................................................................................................................................. 30

THE PROPOSAL ..................................................................................................................................................... 30

MINERS REST CONTEXT .......................................................................................................................................... 31

ECONOMIC CONSIDERATIONS .................................................................................................................................. 32

DESIGN AND ENVIRONMENTAL CONSIDERATIONS ........................................................................................................ 32

SOCIAL ................................................................................................................................................................ 34

FEATURES OF THE SITE ............................................................................................................................................ 34

TRAFFIC AND ACCESSIBILITY ..................................................................................................................................... 34

FLORA AND FAUNA ................................................................................................................................................ 34

LOSS OF FARMING LAND ......................................................................................................................................... 35

ENVIRONMENTAL MANAGEMENT PLAN ..................................................................................................................... 36

ARCHAEOLOGICAL AND HERITAGE INVESTIGATIONS ...................................................................................................... 36

FLOOD PLAIN ....................................................................................................................................................... 36


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WASTE WATER TREATMENT INTERFACE .................................................................................................................... 37

FIGURE 3: PROPOSED ODOUR BUFFER BOUNDARY WITH UNDERLYING 5 OU CONTOURS FROM BALLARAT

NORTH WWTP SCENARIO N4. ....................................................................................................................... 40

SITE SERVICES ....................................................................................................................................................... 41

SOCIAL AND COMMUNITY INFRASTRUCTURE ............................................................................................................... 41

CONSULTATION ..................................................................................................................................................... 42

CONCLUSION ........................................................................................................................................................ 42

ASSESSMENT OF THE AMENDMENT PROPOSAL ......................................................................... 44

WHY IS THE AMENDMENT REQUIRED? ...................................................................................................................... 44

HOW DOES THE AMENDMENT IMPLEMENT THE OBJECTIVES OF PLANNING IN VICTORIA? ..................................................... 44

HOW DOES THE AMENDMENT ADDRESS THE ENVIRONMENTAL EFFECTS AND ANY RELEVANT SOCIAL AND ECONOMIC EFFECTS? .... 44

DOES THE AMENDMENT ADDRESS RELEVANT BUSHFIRE RISK? ......................................................................................... 44

DOES THE AMENDMENT COMPLY WITH THE REQUIREMENTS OF ANY OTHER MINISTER’S DIRECTIONS APPLICABLE TO THE

AMENDMENT? ...................................................................................................................................................... 45

HOW DOES THE AMENDMENT SUPPORT OR IMPLEMENT THE STATE PLANNING POLICY FRAMEWORK AND OTHER ADOPTED STATE

POLICY? ............................................................................................................................................................... 45

HOW DOES THE AMENDMENT SUPPORT OR IMPLEMENT THE LOCAL PLANNING POLICY FRAMEWORK, AND SPECIFICALLY THE

MUNICIPAL STRATEGIC STATEMENT? ........................................................................................................................ 45

DOES THE AMENDMENT MAKE PROPER USE OF THE VPPS? ........................................................................................... 46

DOES THE AMENDMENT ADDRESS THE VIEWS OF ANY REFERRAL AUTHORITY? .................................................................... 46

ASSESS THE IMPACT OF THE NEW PLANNING PROVISION ON THE RESOURCE AND ADMINISTRATION COSTS OF THE RESPONSIBLE

AUTHORITY? ......................................................................................................................................................... 46

STAGE 1 SUBDIVISION ...................................................................................................................... 47

PROPOSAL ........................................................................................................................................................... 47

PLANNING SCHEME PROVISIONS .............................................................................................................................. 48

ASSESSMENT OF STAGE 1 SUBDIVISION ...................................................................................... 50

CONCLUSION ‐ SUBDIVISION .................................................................................................................................... 53

CONCLUSION ...................................................................................................................................... 54

APPENDIX ONE |CERTIFICATE OF TITLE

APPENDIX TWO | ZONES AND OVERLAYS

APPENDIX THREE | FLORA AND FAUNA ASSESSMENT

APPENDIX FOUR | CULTURAL HERITAGE MANAGEMENT PLAN AND LETTER FROM WAC

DATED 29 JAN 2012

APPENDIX FIVE| LAND CAPABILITY ASSESSMENT

APPENDIX SIX | ODP PREFERRED DEVELOPMENT PATTERN

APPENDIX SEVEN | CATCHMENT MANAGEMENT AUTHORITY RESPONSE

APPENDIX EIGHT | SUBDIVISION APPLICATION DOCUMENTATION


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INTRODUCTION This submission requests Ballarat City Council (the Council) to consider and prepare an

amendment to the Ballarat Planning Scheme (the Scheme). The amendment proposes the

rezoning of the subject land from its current Farming Zone to a General Residential Zone to

facilitate the development of the land for residential and open space purposes.

An application for a 37 lot (including 2 reserves) subdivision of the site is submitted to run

concurrently with the rezoning request and is referred to as Stage 1.

The amendment is required as the existing Farming Zone does not permit the proposed

future urban development of the land.

In support of this submission is a plan of subdivision, flora and fauna assessment, land

capability assessment, a cultural heritage assessment and a Clause 56 assessment.

This report is structured to reduce repetition as the State and Local Planning Policy

Frameworks often raise similar matters with regard to the strategic merit of the rezoning

request. For this reason the ‘Overview of the Planning Framework’ primarily identifies the

applicable clauses of the planning scheme with a primary response provided. A more

comprehensive assessment of the proposal and the response to this framework is provided

in the section entitled ‘Amendment Proposal’.

The key strategic issues applicable to the proposal is the location of growth area land in the

context of both Miners Rest and Ballarat, the integration of the site with the Miners Rest

community, access to services and transport, the environmental and cultural characteristics

of the land and the interface with Central Highland Water treatment plant.

Sunland Group

The Sunland Group is a well-known and respected land developer in a diverse number of

areas. After 25 years in business and 13 years as a publicly listed company, Sunland’s

portfolio has grown to more than 10,000 products across residential housing, urban

development and residential multi-storey throughout Australia and overseas. Sunland’s

geographic growth has continued strongly with offices established in Brisbane, Gold Coast,

Sydney and Melbourne as well as the group’s expansion offshore.

Design is the driving force behind Sunland’s success and the Group recognises the benefits

of good design accrue for a lifetime and enrich the lives of the community. This ethos can be

seen in Sunland residential developments including Bluestone - Wyndham Vale, Chancellor

- University Hill Melbourne and The Province Estate, Geelong.


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SITE AND SURROUNDS THE SITE The subject site has an area of 7.4 hectares and is irregular in shape due to the meandering

nature of Burrumbeet Creek which forms the sites northern and eastern boundaries.

It is defined by Burrumbeet Creek to the east and north, Waterford Drive to the west beyond

which is the Macarthur Park residential subdivision. Immediately to the south is the Ballarat

North Common.

The land is undeveloped and traditionally has been used for crops and grazing horses and

livestock. The land is generally flat and contains no existing structures. The land hosts little

native vegetation of significance.

The site is constrained by a flood plain associated with the creek.

The land is accessed via Waterford Road within the adjacent Macarthur Park Estate.

A copy of the land titles are provided in Appendix 1.

The location of the land is shown in Figure 1 below.

Figure 1: Locality Plan


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SURROUNDING ENVIRONS North and East:

The northern and eastern boundary of the site is defined by the Burrumbeet Creek. Beyond

the creek is pastoral land in the same ownership. The land to the north and east is the

Wyndholm Park landholding. Further to the east is the Ballarat North Waste Water

Treatment Plant.

South:

Immediately to the south of the site is the Ballarat North Common which is classified as a

drainage reserve. Beyond this, further to the south is the Western Freeway.

West:

The western boundary is defined by Waterford Drive. Adjoining the site is the Macarthur

Park residential subdivision which is located within the Residential 1 Zone.

The development of the Macarthur Park residential estate is largely complete. This estate is

a well planned and attractive estate designed to cater for the first and second home buyers.

There are opportunities to link the subject land with the Macarthur Park estate with

connecting pedestrian, cycling and road links.

To the north of Macarthur Park is pastoral land, the Burrumbeet Creek and associated flood

plain land.

Wider Area:

The main Miners Rest commercial centre is located to the north-west of the subject land.

The township comprises in the order of 600 people living in 200 households and it is growing

rapidly. The commercial centre is a neighbourhood centre comprising shops and services to

meet daily and weekly shopping needs. A primary school services the area.

The commercial centre includes:

• Convenience shop

• Hotel

• Car garage and petrol station

• Community hall

• CFA Station

• Church

An industrial park is located to the south of the Western Freeway, on the eastern side of the

Ballarat - Maryborough Road. Residential development is located adjacent to this industrial


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area. There are no known uses in that industrial precinct that require separation distances to

sensitive uses and that would affect the development of the subject land for urban purposes.

An extensive range of retailing is located approximately three kilometres to the south of the

subject land. The retail facilities include a major centre anchored by a large supermarket.

Restricted retail and homemaker stores are located close to the supermarket and include a

Harvey Norman, Bunnings and a wide range of other retail outlets.

Included in this area is Stockland Wendouree located on the corner of Norman and Gillies

Streets. This enclosed shopping centre operates 7 days a week and includes in excess of 78

specialty stores and the Wendouree branch library. Major stores include Coles, Safeway,

Kmart and GoLo.

Ballarat Airport is located to the south west of the subject site and is a flight training centre

for overseas pilots. The Ballarat Planning Scheme Airport Environs Overlay does not extend

over the subject land and hence does not constrain the use of the land for residential

purposes, except for a requirement that a structure greater than 15 metres needs planning

approval. This requirement applies to only the northern edge of the land.

The subject land enjoys convenient access to both Miners Rest and Ballarat via Macarthur

Park and the Ballarat – Maryborough Road (Howe Street).

ROADS, ACCESS AND TRANSPORT The Western Freeway is one of Victoria’s primary roads connecting Melbourne, Ballarat and

the western provincial centres such as Stawell and Horsham.

The Ballarat – Maryborough Road provides the key access route into Wendouree and

Ballarat.

Stage 1 will effectively form a continuation of Macarthur Park and will be accessed via

Waterford Drive.

There is potential for the Burrumbeet Creek to be crossed connecting the site to any future

development area to the east. This connection could comprise pedestrian, cycling or road

access and would be the subject of careful design and community consultation.

Wendouree Train Station is approximately three kilometres south of the subject site

providing services too Ararat and Melbourne. The Wendouree Station was upgraded at an

approximate cost of $18.7 million with passenger services commencing in 2009. The station

provides park and ride facilities and bus routes have been re-routed to service the station

providing a local public transport interchange.


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With regard to Melbourne commuters, the station provides 3 peak time morning services to

Melbourne and 2 peak time evening return services each week day with an average

approximate travel time of 1 hour 18 minutes. This is in addition to the six existing services

to Ararat. It is estimated by the Department of Transport that the station is serving more than

27,000 people living in the Wendouree, Alfredton and Lake Wendouree areas as well as the

nearby townships of Learmonth and Miners Rest.

SITE SERVICES Electricity, reticulated water and telephone are presently available to the land. All reticulated

services usually provided in an urban residential development can be provided to the land.

FLORA AND FAUNA A flora and fauna report has been prepared by Abzeco covering the whole site after

consideration of flora and fauna records for the area and a brief botanical and zoological

assessment of the site. The findings of this report can be summarised as follows:

Majority of the site totally cleared of indigenous vegetation;

One large indigenous tree remains on the site;

Indigenous wetland vegetation is present in the north of the land, in two patches

covering a total area of 1.16 hectares, with a total value of 0.33 habitat hectares;

Indigenous ephemeral vegetation persists in the south of the site covering a total

area of 0.838ha with a total value of 0.117 habitat hectares;

Some aquatic and riparian vegetation persists along the Burrumbeet Creek,

No indigenous flora species of conservation significance were noted during the

assessment, however some species may be present in the Grassy Wetlands Area

but were not detected due to grazing;

No fauna species of conversation significance were noted in the study area during

the brief assessment however it is possible that some threatened fauna may use the

habitat along the Burrumbeet Creek;

The Burrumbeet Creek is considered to be potential habitat for the Growling Grass

Frog and the future development should provide for this; and

The habitat quality assessment found the majority of the study site to be dominated

by pasture grass and is considered to be of low habitat value for native fauna

species.

The report identifies a number of measures that could be taken during the development

phase to mitigate potential impacts to rare species that may rely on habitats along the

drainage line.


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The proposed subdivision layout responds accordingly by avoiding the removal of native

vegetation and using water sensitive urban design to maximise the quality of stormwater

entering the creek. The report is provided at Appendix 3.

ABORIGINAL HERITAGE A Cultural Heritage Management Plan provided in Appendix 4 was prepared in 2010 and

approved by Wathaurung Aboriginal Corporation (WAC) on 7 April 2010. .

A letter from the WAC dated 29 January 2012 has confirmed that the current layout of 37 lot

subdivision is supported.

LAND CAPABILITY The soil on the site is considered to be good for agricultural purposes. The existing uses of

the land are not site dependant. The soil is also suitable for residential development in terms

of growing conditions for gardens and open space. The loss of productive agricultural land

needs to be considered in the context of the value of the land for urban development and the

achievement of a net community benefit. A land capability assessment for the whole

Wyndholm Park area, including the subject site is provided at Appendix 5.


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SITE ANALYSIS This section analyses the site and its features, identifies opportunities and constraints

culminating in the formation of development principles.

SITE OPPORTUNITIES AND CONSTRAINTS A number of site opportunities and constraints exist around and in proximity to the site. The

following discusses the existing opportunities and issues which have informed the design

response principles and the associated subdivision plan.

The following matrix identifies the characteristics of the site and potential opportunities and

constraints:

Table 1: Matrix of opportunities and constraints

Attribute Opportunity Constraint

Proximity to Miners

Rest and Ballarat

Centre

Proximity to supporting physical and

social infrastructure and facilities.

No immediate public

transport access however

excellent access by car.

Proximity to Western

Freeway and

Wendouree Train

Station

Excellent links to wider Victoria and

park and ride facilities for rail

transport into the city or commute to

other centres via Wendouree Station.

This includes peak time commuter

services to and from Melbourne.

Public transport not within

walking distance.

Adjoining existing

residential

development

Opportunity to integrate with

Macarthur Park and make best use

of infrastructure.

Access dictated by existing

development.

Need to ensure appropriate

design controls and

standards at interface.

Adjoining open space Make best use of open vistas.

Provide linkages to open space

areas to ensure connectivity.

Need to provide an

appropriate built form

interface to open space

areas

Native Vegetation Retain significant trees for visual and

habitat values. Planned habitat

corridors integral to master plan.

Location of areas of

significant vegetation

(potential conflict with

development)

Watercourses Integrate creek and environs into

open space to enhance amenity.

Erosion and riparian

management measures.


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Attribute Opportunity Constraint

Opportunity for walking tracks

Visual value to adjacent residents.

Associated floodplain

restricting development

opportunity.

Treatment Plant Utilise the services of the plant

including access to recycled water.

Any associated emissions

and potential buffer

requirements.

Road network Integration with Macarthur Park.

Ballarat – Maryborough Road (Howe

Street) provides efficient access to

the freeway system and Ballarat.

Garland Road unformed

(and likely to remain so).

Land topography Relatively flat with generally no

significant constraint to development.

Low lying land around creek

environment within 1:100

year flood plain.

Archaeological

Heritage

To incorporate finds of cultural

significance into the subdivision

design.

Potential to impact on

layout.

SITE OPPORTUNITIES The subject site offers a logical extension of the residential area of Miners Rest. The

Macarthur Park residential development abuts the subject land to the west and urban

development on the subject land forms a natural extension to this property and the Miners

Rest Township. The Burrumbeet Creek provides an opportunity to create a linear recreation

trail that can better link this area to the centre of Miners Rest.

The site is relatively unconstrained with little native vegetation, gentle slopes and good road

access.

The subject land benefits from ready access to a wide range of shopping, recreation and

employment opportunities, predominantly to the south in Wendouree and Ballarat.

SITE CONSTRAINTS There are limited constraints on the site that cannot be readily factored into the design

process ensuring they are appropriately addressed. Matters such as the limited native

vegetation values, Aboriginal heritage values and environmental values can be addressed

through appropriate research, assessment and design.

External matters such as built form, design and access can be controlled through the

subdivision process and as part of the detailed planning of the site.


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DEVELOPMENT PRINCIPLES By considering the opportunities and constraints with the characteristics (or key attributes) of

the site, the following development principles have been framed:

Creating housing diversity and choice at a range of densities to reflect the setting of

the site and to provide for a variety of housing needs and demands.

Ensuring open space provision is aimed at both human needs and flora and fauna

needs through the provision of habitat and pedestrian corridors through the site.

Ensure connectivity and integration with the Miners Rest community.

Ensuring the development responds to the creek and its riparian environment and the

development incorporates principles of Water Sensitive Urban Design.

Ensuring built form can provide through lot layout a quality interface to adjoining land,

to the creek environment and generally throughout the site.

Ensuring sites of cultural heritage are addressed appropriately and integrated into the

subdivision design.

Create safe and efficient access to the surrounding road network.

PLANNING SCHEME AMENDMENT & SUBDIVISION | Garland Road, Miners Rest

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OVERVIEW OF THE PLANNING FRAMEWORK This section provides an overview of the applicable planning framework within the Ballarat

Planning Scheme.

STATE PLANNING POLICY FRAMEWORK The State Planning Policy Framework (SPPF: Clauses 11 – 19) provides that future urban

development should occur in an orderly and planned manner. Future development should

meet current needs and contribute towards environmental sustainability, provide housing

choice and ensure new development is integrated with community facilities and transport

networks.

Clause 11 Settlement

States that planning should recognise and respond to the needs of the existing and future

communities. Importantly, the policy emphasises that ‘planning is to facilitate sustainable

development that takes full advantage of existing settlement patterns, and investment in

transport and communication, water and sewerage and social facilities.’

Clause 11.02-1 Supply of Urban Land aims to ensure a sufficient supply of land is available

for residential, commercial, retail, industrial, recreational, institutional and other community

uses.

Clause 11.05-1 Regional Settlement Networks seeks ‘to promote the sustainable growth

and development of regional Victoria through a network of settlements identified in the

Regional Victoria Settlement Framework plan’. Ballarat is identified as a Major Regional City

which is encouraged for urban growth.

Clause 11.05-3 Rural Productivity seeks to manage urban development in rural areas to

promote agriculture and rural production.

Clause 11.05-4 Regional Planning Strategies and Principles seeks to ‘develop regions

and settlements which have a strong identity, are prosperous and are environmental

sustainable’. Relevant planning principles are:

Encouraging the development of a network of integrated and prosperous regional

settlements by directing growth to area where necessary infrastructure and services

are accessible.

Managing the growth the development impacts on environmental values and rural

productivity.

Encouraging investment on major transport corridor to take advantage of major

infrastructure and ensuring adequate and completive land supply to meet future

housing and urban needs.

Encouraging sensitive design to new development to respond to climate change and

create a safe community and minimise risk from natural hazards.

Promoting high-quality urban and architectural design which respects and enhances

local character and identity.


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Response

The future rezoning of the land for residential purposes supports the applicable object tives of

metropolitan development. The site is contiguous with an existing urban development, is

proximate to the Wendouree Activity Centre and the Wendouree Rail Station and is readily

serviceable. In addition, the proposed development will provide additional residential choices

to meet the growing needs of Ballarat as a regional city.

This policy seeks to ensure a balanced approach is taken to growth needs of urban areas

through ensuring sufficient land supply is provided for future growth and that existing urban

areas are consolidated to maximise the efficient use of existing infrastructure.

The land is contained to the west side of the Burrumbeet Creek and provides a logical

extension of the Macarthur Park estate.

Council is pursuing and encouraging infill development in Ballarat where appropriate. The

proposed rezoning of the subject land, as with the previous rezoning of Ballarat West, is not

considered to undermine these consolidation goals as the housing products tend to be

different on a number of points including price, financing and tend to serve different housing

markets.

The rezoning and subsequent release of 37 lots will not adversely affect the implementation

of the Ballarat West Growth Area strategy or the infill development market due to the very

small scale of the development. To put this in context of Amendment C133 introduced 1,400

hectares of land into the Urban Growth Zone, this proposal will release 7.4 hectares of

residential land.

An agricultural viability assessment by Phillips Agribusiness is provided at Appendix 5 and is

discussed in further detail within the assessment section below. The report identifies that the

enterprise on the site can be easily transported to another location. Therefore the loss of the

site’s current use is not significant. The loss of the small area of 7.4 hectares is not

considered to adversely affect the wider agricultural land supply and this needs to be

considered in the wider context of the net community benefit of an urban outcome and

location of the land proximate to Miners Rest, Ballarat and immediately adjoining residential

subdivision at Macarthur Park.

Clause 12 Environmental and Landscape Values, seeks to assist in the protection and

conservation of biodiversity, including native vegetation retention and provision of habitats for

native plants and animals, and control of pest plants and animals. This clause also seeks to

achieve a net gain in the extent and quality of native vegetation and to protect and conserve

environmentally sensitive areas.

Response

The Abzeco Flora and Fauna assessment recommends an exclusion area of 30 metres from

the Burrumbeet Creek to protect remanent flora and fauna. No development is proposed


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within 30 metres of the Creek and native fauna and vegetation in this area will not be

impacted on by the residential development of the site.

The landscaping of the Creek Corridor as part of the subdivision will result in improvements to

the riverian environment and offers considerable community benefit from the proposal.

Clause 13.03-2 Erosion and Landslip intends to ‘protect areas prone to erosion, landslip or

other land degradation processes’. The policy emphasises to prevent inappropriate

development in unstable areas or areas prone to erosion.

Response

The area identified subject to erosion along Burrumbeet Creek has been designated as

reserves. All residential lots will be constructed above the 1:100 flood level.

Clause 13.04 -2 Air Quality

The objective of this clause is to assist the protection and improvement of air quality. It

provides that responsible authorities should ensure a suitable separation between land uses

that reduce amenity and sensitive land uses. Consideration should be given to

Recommended Buffer Distance for Industrial Residual Air Emissions (EPA 1990) to

separation distances.

Response

This clause is relevant given the proximity of the site to the Ballarat North Waste Water

Treatment Plant (WWTP) operated by Central Highland Water. A study entitled ‘Odour Buffer

Distance for Ballarat North, Ballarat South and Cardigan Village WWTP’s was undertaken by

Beca Pty Ltd dated January 2007 (sourced from Council’s website). This study further

references a GHD report for Central Highlands Water dated April 2004 and entitled ‘Odour

Emission Rate Surveys and Assessment of Appropriate Buffer Distance for Ballarat North

WWTP, Final Report (Draft)’. This GHD report has not been viewed in the preparation of this

submission.

The issue of odour is particularly complex. The initial onus is on the operator of the facility to

control emissions at the source and within the boundaries of the site. Whilst this is not always

possible, previous modelling of the site concluded that with upgrades to the facility the

northern extent of a buffer would not extend beyond the facilities boundary thereby having no

adverse impact on the subject land. This is mainly due to the overwhelming predominance of

northerly winds.

Clause 15 relates to the Built Environment and Heritage and seeks to ensure all new land

use and development appropriately responds to its landscape, valued built form and cultural

context, and protects places and sites with significant heritage, architectural, aesthetic,

scientific and cultural value. The State policy seeks to promote high quality urban design and

architecture that contributes positively to local urban character and sense of place, enhances


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liveability, diversity, amenity and safety of the public realm and reflects the particular

characteristics, aspirations and cultural identity of the community.

Clause 15.01 Urban Environment seeks to create urban environments that are safe,

functional and provide good quality environments with a sense of place and cultural identity.

In doing this, good urban design should be promoted to make the environment more liveable

and attractive. It is also recommended that new development contributes to community and

cultural life by improving safety, diversity and choice, the quality of living and working

environments, accessibility and inclusiveness and environmental sustainability.

Clause 15.03 – 1 Urban Design seeks to ensure the design of subdivisions achieves

attractive, liveable, walkable, and cycle friendly diverse and sustainable neighbourhoods.

Response

The proposed development pattern and spacing has appropriately responded to the

surrounding Macarthur Park residential subdivision and natural features of Miners Rest,

including Burrumbeet Creek. The proposed development also promotes appropriately

centralising open space for social interaction, effective pedestrian links and urban

environments. The location of proposed public open space areas will create an attractive

landscaped environment, promoting cultural identity. Safety and public surveillance will also

be enhanced through the appropriate development spacing oriented towards public areas.

The subdivision will similarly promote a sense of place and cultural identity, responding to the

existing features and character of the township.

Clause 15.03-2 seeks to ensure the protection and conservation of places of Aboriginal

cultural heritage significance.

Response

A Cultural Heritage Management Plan was undertaken and approved in 7 April 2010. , and

found that three previously recorded sites were located in the Activity Area. This report

details the agreement reached that open space can provide for most of the significant finds

and that other artefacts within the development area can be relocated to this open space.

Recommendations have been made for the management of these sites and will be followed

by the developer.

Clause 16 Housing relates to the promotion of housing diversity within the area and aims to

ensure the efficient provision of supporting infrastructure. The policy also seeks to provide for

a range of housing types to meet increasingly diverse needs, specifically the policy seeks to

ensure housing stocks match the changing demand by widening housing choice. It is also

recommended that well designed medium density development should be encouraged which

respects the neighbourhood character, improves housing choice improves energy efficiency

of housing and makes better use of existing infrastructure.


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Response

The site is allocated in the area designed for future growth of Miners Rest. All services are

available to the site. It is evident that the above mentioned policy supports the development of

the subject land to take advantage of the existing infrastructure.

The development of this site for a mixture of residential lots along with and public open space

areas will promote a suitable development which responds to the existing character of the

area whilst enhancing housing diversity and choice for the growing population of Miners Rest.

Given the site is contiguous with the existing residential development the amendment will

allow the land to be released for residential purposes in a timely manner, ensuring that land

supply is sufficient to meet demand and increasing housing choice which will assist with

housing affordability within Ballarat.

LOCAL PLANNING POLICY FRAMEWORK The Local Policy Framework (LPPF) includes the Council's Municipal Strategic Statement

(MSS) which sets out the Planning Authority’s vision and objectives for the Municipality.

Councils MSS has recently been updated through Planning Scheme Amendment C148.

The MSS is set out in a logical manner with the identification of cornerstone themes followed

by key planning issues within the overall framework plan at Clause 21.03. Each key planning

issue is then addressed more comprehensively and finally specific local areas are considered

and further strategic work required identified.

Below are those provisions of the LPPF considered to be most relevant to the proposal.

There are numerous other provisions that have an influence on or play a supporting role such

as Industrial and Retail/Commercial land use strategies. These strategies go to future

employment and retail opportunities or are strategies that are conversely supported by the

additional population and location proposed as part of this amendment. Whilst these

strategies are not specifically referenced below (for sake of excessive regurgitation of the

planning scheme) their role should be borne in mind.

Municipal Strategic Statement

Clause 21.01 Municipal Overview

This clause sets out the key cornerstones of the MSS and sets the themes on which the

framework plans and local policies are based. These cornerstone or themes are:

An attractive city;

Culturally vital city;

People city;

Prosperous city;

Sustainable city.

It is identified in this clause (People City) that the City of Ballarat has a population of

approximately 91,800 people which is forecast to grow to 118,000 by 2026 (growth rates of


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1.4% per annum). Of this population the 2006 census data identifies approximately 72,800

people reside within urban Ballarat. In addition the 2006 census identifies Miners Rest at a

population of 1,025.

Transport improvements are encouraging increased levels of population growth in areas

between Melbourne and Ballarat. Projects such as the Ballarat-Melbourne fast rail project are

expected to double commuter numbers and are likely to bring new residents to Ballarat and

its environs. Ballarat will continue to take advantage of the higher order services and facilities

offered by Melbourne and the additional employment opportunities provided to its residents.

The information technology sector is also emerging to become a significant industry within the

region. The municipality hosts a modern communications network that provides for

participation in the global network.

The Overall Framework Plan for Ballarat set out in Clause 21.03 identifies the preferred

growth areas for the City. Urban residential development is expected to be located to the

south-west of the City, extending in a westerly direction from the suburbs of Alfredton and

Delacombe.

‘Sustainable City’ identifies the dependence of Ballarat on natural resources for economic and

social well being. It is relevant to consider the subject site and any inherent values as a

natural resource for primary production purposes.

Clause 21.02 – Key Issues

This clause identifies key issues facing Ballarat and the following issues are relevant to this

amendment:

Land Use

o Housing (including maintaining an appropriate supply of residential land and

planning for urban growth)

Rural land use ( including preventing the fragmentation of agricultural land)

Built Form and Amenity

o Character (including requiring new development to build on existing character

and the importance of natural landscape to character)

o Liveability (including minimising land use conflict, separating incompatible land

uses and creating safe environments)

Environment

o Water (including downstream water quality, impacts of vegetation clearance on

water supply and quality and stormwater management)

o Floodplain management (including pressure on floodplain areas by urban

expansion)

o Flora and Fauna (including pressure by urban expansion)


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o Land Capability (including importance of primary production and protecting

high quality agricultural land)

o Landscape (including protecting significant landscapes)

Infrastructure

o Road (including the importance of good road access)

o Ballarat aerodrome (including protection from inappropriate land uses)

Clause 21.03 – Ballarat’s Strategic Development

In identifying the above key issues, this clause provides three focus areas emanating from the

Council Plan. These areas are Growth and Development, People and Communities and

Destination and Connections. This clause includes the overall Ballarat Framework Plan which

provides a visual representation of existing land status and proposed future directions for growth.

This plan is reproduced at Appendix 8 and it is important to note that the subject land is not

identified on this plan.

Whilst it is acknowledged that the overall framework plan does not identify the site for short or

medium term urban residential development, the 2007 Miner’s Rest Outline Development Plan

which was exhibited in June/July 2009 as part of amendment C127 to the Ballarat Planning

scheme identifies the subject land (and wider Wyndholm Park) as being subject to ‘Future

investigation for urban uses’. The Miners Rest ODP ‘Preferred Development Pattern’ map is

provided in Appendix 6. It is also worthy of note that the framework plan clearly indicates that all

future residential urban growth is to the west and south west of Ballarat. Whilst the western growth

area itself is not under study here, it is important as a growth strategy to provide opportunities for

growth on a number of fronts if it is practical and achievable to do so (including consolidation of

existing urban areas). The framework plans offers no residential growth opportunities north of the

Western Freeway. In amendment C133 Council commented that Ballarat West presented a

growth opportunity with much of land elsewhere around Ballarat constrained for urban

development. As is assessed in this report, the subject site is not significantly constrained and

provides for a logical extension of the Macarthur Park estate and will maintain housing choice in

the Miner’s Rest area without compromising the overall strategic growth objectives of the city.

Clause 21.04 – Land Uses

Land Uses is the first of the key issues and sets out the objectives and strategies with regard

to numerous land use categories. Of primary relevance to the current proposal are the

following provisions:

Clause 21.04-1 – Settlement

This clause identifies there are a number of constraints to urban development around Ballarat

and identifies that long term opportunities for urban expansion are limited to the west and

south-west.

Objective 1 – To provide for growth in an orderly and efficient manner.

o Strategy 1.1 – Implement the Overall Framework Plan in Clause 21.03


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o Strategy 1.2 – Ensure between 10-15 years supply of land is available for

major land uses. Priority areas are identified within the relevant framework

plans.

Response

It is acknowledged that the Ballarat West Growth Area provides for in excess of 15 years

residential land supply, however it is considered that the size of the proposal of only 35

residential lots would not undermine the long term development of Ballarat West and provides

an alternative geographical choice for residents.

Clause 21.04-2 – Housing

This clause identifies the need to continue offering a wide range of housing choice in Ballarat.

Objective 1 - To provide for residential growth in an orderly and efficient manner.

o Strategy 1.1 – Implement the Residential Framework Plan included in this

Clause.

o Strategy 1.3 – Ensure new residential subdivisions proceed in accordance with

Outline Development Plans and that staging of development is achieved in an

orderly and proper manner and having regard to servicing networks and the

supply of other vacant serviced residential land.

Objective 2 – To provide a wide range of housing choice, diversity, form and

affordability, including infill and multi-unit development.

o Strategy 2.1 – Provide residential land within a range of areas in order to

provide for the different sectors of the housing market.

o Strategy 2.2 – Encourage a range of lot sizes and densities within new

residential subdivisions.


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Figure 2: Residential Framework Plan


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Response

As with the Overall Framework Plan, the Residential Framework Plan in Figure 2 does not

identify the subject land as a future urban area. It should be noted that neither of these plans

identify any land within the Miners Rest ODP area as future urban land and therefore it may

be that the status of the ODP as proposed precluded its inclusion in these plans. The Miners

Rest ODP identifies the land as a future investigation area and as identified throughout this

report has considerable positive attributes in terms of urban development with few physical

constraints.

The land directly responds to Strategy 2.1 in providing land in an area with limited growth

opportunities and in an alternative location to the main growth area to the west.

Clause 21.04-8 – Rural Land Use

This Clause identifies the need to maintain the availability of high quality land for agricultural

purposes.

Objective 1 - To ensure that productive agricultural land remains available for

agricultural and sustainable resource use.

o Strategy 1.4 – Prevent the encroachment of urban land use and development

into areas of productive agricultural land.

Response

The soil on the site is considered to be good for agricultural purposes. The existing uses of

the land are not site dependent and can be operated elsewhere. The soil is also suitable for

residential development in terms of growing conditions for gardens and open space. The

main issue is the loss of general productive agricultural land as opposed to the specific merits

of its current use. This loss needs to be considered in the context of the value of the land for

urban development and the community benefits this can deliver. The land capability

assessment provided at Appendix 5 concludes that this loss is not of significance in terms of

agricultural land supply and it is considered that the development of the land for urban

purposes achieves a net community benefit.

Clause 21.04-12 – Implementation, identifies that new development within Miners Rest

should be assessed against the Outline Development Plan which identifies the site as an

investigation area for urban uses.

Clause 21.05 – Built Form and Amenity

The majority of applicable provisions within this section of the planning scheme are matters of

more detailed consideration and are more appropriately addressed at Development Plan

stage. However, it should be identified that Objective 3 to Clause 21.05-3 raises the need to

protect and provide buffers for existing and new industry from the encroachment of sensitive

uses and vice versa. This is of relevance to the proposal given its proximity to the Ballarat

North WWTP.


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Response

This matter has been identified in Clause 13.04-2 above and is further explored later

assessment of the proposal.

Clause 21.06 – Environment

This clause identifies a number of key issues under the general heading of Environment. The

key areas, objectives and strategies, as relevant, are identified as follows: Clause 21.06-1- Catchment Management

The need for an integrated approach to catchment management is identified including the

implementation of Catchment Management Strategies and the actions of relevant Catchment

Management Authorities (CMAs) and the Department of Sustainability and Environment

(DSE).

Objective 1 - To ensure an integrated approach to catchment management issues.

o Strategy 1.1 – Support the implementation of the three Regional Catchment

Strategies.

Response

The subject site is within the area covered by the Glenelg Hopkins CMA. Pre-application

communication with the CMA has taken place and their advice is provided at Appendix 7. The

CMA does not object to the proposal subject to details of stormwater management and flood

plain location being clarified, addressed and approved.

Clause 21.06-2 – Water

Identifies the need to manage development and associated stormwater flows so as to better

address water quality (and in particular potable water supplies both to Ballarat and downstream).

Objective 1 - To maintain and enhance waterway values

o Strategy 1.3 – Ensure that new land use and development does not have a

detrimental effect on rural flows and the natural conditions of waterways.

o Strategy 1.4 – Encourage the restoration of degraded stream frontages.

Objective 2 - To manage the quantity and quality of water entering water catchments.

o Strategy 2.3 – Ensure urban stormwater from new developments is managed

effectively at source to avoid changes in the quality and quantity of urban run-

off before it enters stormwater systems.

Response

The proposal includes Burrumbeet Creek forming part of an open space corridor which will

also provide opportunity for riparian planting and management. Stormwater control will be

part of detailed engineering for the subdivision of the land.


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Clause 21.06-3 – Floodplain Management

The issues of conflicting pressures on floodplain areas is identified and the need to maintain

the capacity of floodplains.

Objective 1 – To ensure the natural functions and values of the floodplain

environments are preserved while minimising loss or injury to life or property.

o Strategy 1.1 – Prevent inappropriate development and works within flood

prone areas that will impact on flood flow, water quality and river health.

Response

The vast majority of the floodplain is contained within future open space. Small sections of the

plain are included within the Stage 1 subdivision which will require some minor engineering

works to ensure appropriate ground and floor levels are achieved.

Clause 21.06-4 – Flora and Fauna

The area is located within the Victorian Volcanic Plains being an area significantly cleared of

original native vegetation. The important role remnant vegetation plays in the support of

habitat and biodiversity values within the Ballarat region (both flora and fauna values) is also

identified.

Objective 1 – To minimise any adverse impacts of use and development on native

flora and fauna and their habitats.

o Strategy 1.1 – Ensure that new residential subdivisions protect remnant

vegetation and do not threaten the viability of rare and threatened flora and

fauna populations.

o Protect native vegetation through appropriate subdivision design in new

residential areas.

Objective 2 – To protect and enhance regional native vegetation.

o Strategy 2.2 – Protect remnant vegetation in road reserves and waterways that

have conservation value and visual quality that provide linkages for fauna to

other substantial pockets of remnant vegetation and provide high quality

habitat.

Response

A flora and fauna assessments have been undertaken by ABZECO for the Stage 1

subdivision application. This report is attached at Appendix 3.

The site is largely cleared of native vegetation and what is present is not of high quality. The

Stage 1 subdivision avoids the removal of vegetation and no habitat hectare assessment is

required.

Clause 21.06-5 – Land Capability

The need to protect good quality farmland from inappropriate development is identified.


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Objective 1 – To repair existing land degradation and prevent new degradation from

occurring.

o Strategy 1.1 – Assess the capability of land to sustain any proposed use

and/or development

Response

This matter has been identified in Clause 17.05 above and is further explored in later

assessment of the proposal.

Clause 21.07-2 – Ballarat Airfield

Ballarat Airfield is an important asset for the region and the encroachment of development

which may restrict future use and development of the airfield will be prevented.

Objective 1 – To provide for the continued operation and future upgrade of the Ballarat

Airfield.

o Strategy 1.2 – Prevent the use and development of airfield and surrounding

land for purposes that would have a negative impact on the airfield’s operation,

particularly the establishment of residential and other sensitive land uses on

land under airfield flight paths. Response The Design and Development Overlay - Schedule 18 affects the far northern end of the site.

DDO18 is entitled ‘Ballarat Aerodrome – Building height above 15 metres’. The proposed

development accords with this control and no permit is triggered pursuant to it. The proposed

development will have no adverse effect on the operations of the aerodrome.

Clause 21.08 – Local Areas

This Clause identifies specific areas, which in addition to the provisions above, are subject of

more site specific strategies.

Miners Rest is one of four identified local areas. It is important to note that the Miners Rest

Outline Development Plan (ODP) currently referenced in the planning scheme and the

subject of Clause 21.08-1 Miners Rest, is the original 1994 plan. As discussed in this report,

an updated ODP is currently the subject of Planning Scheme Amendment C127.

Miners Rest has been designated as a short to medium term residential growth area. The

Clause notes that urban development at Miners Rest is constrained by the Western Highway

by-pass, flood prone land and the airport flight path. The township has the capacity to

accommodate limited additional urban development. The Clause also provides that Miners

Rest should be developed in accordance with the maps included and consistent with design

principles in the Clause relating to access to open space, orientation of lots and connectivity

between subdivisions amongst other matters.


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As noted earlier the current Miners Rest Outline Development Plan is the subject of changes

with the proposed Outline Development Plan having been exhibited as Amendment C127

(refer to Appendix 6). The subject site currently sits outside of the defined 1994 ODP area

but is identified as a future investigation area in the currently proposed plan.

Local Planning Policies

There are no local planning policies applicable to the subject proposal.

ZONES AND OVERLAYS Zones

The land is currently zoned Farming Zone.

The purpose of the Farming Zone is to generally provide for agricultural land use, encourage

the retention of productive agricultural land and ensure that non-agricultural uses do not

adversely affect the use of land of agricultural purposes.

The subject land is not specifically identified in the Schedule to the zone. The residential

development proposed is not permitted in the Farming Zone and therefore a planning scheme

amendment is required.

The zoning map is provided at Appendix 2.

Overlays

The site is subject to three Overlays.

Design and Development Overlay DDO - Schedule 18 (DDO18)

This overlay affects the far northern end of the site. DDO18 is entitled ‘Ballarat Aerodrome –

Building height above 15 metres’.

The purpose of this overlay is to protect the aerodrome from inappropriate development that

may constitute a hazard to its safe and orderly operation.

This schedule triggers the need for a planning permit for buildings and works to construct a

structure over 15 metres in height.

The proposed Stage 1 subdivision does not include buildings in excess of 15 metres in height

and is highly unlikely to cater for such buildings. No planning permit requirements are, or are

likely to be, triggered by this overlay.

Environmental Significance Overlay ESO - Schedule 2 (ESO2)

This overlay is aligned with the course of the Burrumbeet Creek and affects a large proportion

of Stage 1.


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ESO2 is entitled ‘Streamside and Watercourse Protection’.

The environmental objectives of this schedule are as follows:

To maintain the quality and quantity of water within watercourses.

To maintain the ability of streams and watercourses to carry natural flows.

To prevent erosion of banks, streams beds and adjoining land and the situation of

watercourses, drains and other features.

To protect and encourage the long term future of flora and fauna habitats along

watercourses.

To ensure that development does not occur on land liable to flooding.

A permit is required:

To construct any buildings or works or for the undertaking of any earthworks.

A planning permit is required under this overlay for Stage 1 as earthworks associated with the

subdivision of land are proposed.

Erosion Management Overlay (EMO)

This overlay effectively mirrors the ESO above being aligned with the course of the

Burrumbeet Creek and also affects a large proportion of the Stage 1 site.

The purpose of this overlay is to protect areas prone to erosion, landslip or other land

degradation processes, by minimising land disturbance and inappropriate development.


For road works.

To construct a building or construct or carry out works.

To remove, destroy or lop any vegetation (with some exemptions).

To subdivide land.

A planning permit is required under this overlay for Stage 1 as works, vegetation removal and

subdivision are proposed.

Overlay maps are provided at Appendix 2.

MINERS REST OUTLINE DEVELOPMENT PLAN The ODP that guides development in Miners Rest was originally prepared in 1994 and aimed

to establish a framework for growth until 2010. The ODP notes that Miners Rest was initially a

rural hamlet, but by the time of the ODP it functioned as a small commuter settlement linked

to Ballarat. Whilst the town has some historic dwellings, most of the residential development


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was new at that time. A key feature for future planning was that the town is physically

separated from Ballarat and residents valued the small size of the community. The Ballarat

Common to the south was noted as an important conservation resource.

The ODP recommended that Miners Rest grow from 135 households to approximately 800

households in the 20 year period and continue to grow to up to 2,130 households (over 5,000

persons) in the longer term. Future residential growth would be largely concentrated to the

south-east and south of Miners Rest.

The 2007 ODP was exhibited in June/July 2009 as part of amendment C127 to the Ballarat

Planning scheme and identifies the subject land as being subject to ‘Future investigation for

urban uses’. The Miners Rest ODP ‘Preferred Development Pattern’ map is provided in

Appendix 6. It is noted that the ODP is currently proposed only and remains with Council

officers who are considering submissions from the exhibition period.

OTHER PROVISIONS OF THE BALLARAT PLANNING SCHEME Several other provisions of the Ballarat Planning Scheme are relevant to this proposal as

follows:

Clause 56

In addition to the policy and zone considerations above, the subdivision of Stage 1 for

residential purposes is required to be assessed pursuant to the planning and design

principles set out in Clause 56 – Residential Subdivision in the Ballarat Planning Scheme. An

assessment of Stage 1 pursuant to clause 56 is provided at Appendix 8.

Clause 65

In addition to Clause 56, the application for Stage 1 subdivision needs to satisfy the Decision

Guidelines contained within Clause 65.

Clause 65.02 states that before deciding on an application to subdivide land, the responsible

authority must also consider, as appropriate (inter alia):

The suitability of the land for subdivision;

The existing use and possible future development of the land and nearby land;

The availability of subdivided land in the locality, and the need for the creation of

further lots;

The subdivision pattern having regard to the physical characteristics of the land

including existing vegetation;

The movement of pedestrians and vehicles throughout the subdivision and the ease of

access to all lots;

The provision of off-street parking.


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SUMMARY AND IMPLICATIONS OF PLANNING POLICY FRAMEWORK The Planning Policy Framework often applies competing policies to a rezoning process and

rezoning is no exception. Policies regarding the retention of productive agricultural land

compete with policies promoting the provision of housing opportunities in different locations

and logical areas in terms of servicing and environment to encourage diversity of choice both

in terms of location and housing product. It is necessary to balance competing policy and

place in the wider context. Further to this the City of Ballarat has a number of framework

plans which do not identify the subject land, or the Miners Rest ODP area, as land for future

development. The site needs to be considered in the context that it is contemplated by the

current draft Miners Rest ODP. On this basis it is open to consider the relative merits of the

proposal.

It is generally considered that the planning policy framework supports the principal of the

rezoning of the subject land for urban purposes. The site represents an orderly and sensible

extension of the urban area contiguous with existing urban zoned land at Macarthur Park and

proximate to a range of services and community infrastructure.

The land is relatively free of constraints and would provide a modest number of additional

dwellings in the Miners Rest area. The characteristics of the land in terms of location and

appropriateness for development outweigh the very limited loss of agricultural land to deliver

a net community benefit.


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THE AMENDMENT PROPOSAL THE PROPOSED AMENDMENT This submission requests a planning scheme amendment to rezone the land from its current

Farming Zone to a General Residential Zone. No changes are proposed to the three

overlays that apply to the site. It is appropriate for the overlays to remain as the matters

which they address remain relevant and applicable to the land.

The subdivision of the Stage 1 land is to be considered concurrently with the amendment

given the size of the land at 7.4 hectares, it being contiguous with the existing south-western

urban fringe of Miners Rest and being in single ownership.

THE PROPOSAL The proposed subdivision plan is a practical response to the inherent values of the site, its

unique characteristics and the research and analysis undertaken. A number of expert

research and investigation processes have been undertaken to guide the development of the

site and have informed the subdivision plan submitted as part of this submission. These

investigations include the following:

Flora and Fauna assessment;

Heritage assessment;

Land capability assessment

Odour assessment (previously commissioned by Council)

The key design principles that underpin the plan are:

Provide a quality interface to Burrumbeet Creek.

Provide a range of housing choice.

Maintain the opportunities for pedestrian, cycling or road connections to McArthur

Park.

Linear recreation and conservation corridor along Burrumbeet Creek.

Provision for integration with the proposed wider Wyndholm Park Estate.

Overall, the subdivision plan is considered to be an appropriate response to the site’s

inherent values, the assessment undertaken to date, to the desire for integration with the

surrounding land uses.


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The current planning framework applicable to the site does not provide for the proposed

development to proceed and thus the following changes to the planning scheme are

required:

The rezoning of 7.4 hectares of land from Farming Zone to General ResidentialZone;

Retain the three existing overlays as they currently exist; and

Consider a concurrent planning application for a 37 lot subdivision.

The proposed planning framework is considered an appropriate planning outcome for the

site as:

The proposed zoning is consistent with the adjoining residentially zoned

neighbourhood;

The residential zone is appropriate to facilitate the proposed residential development;

The retention of the three existing planning overlays ensures that the protection of

the relevant matters remains.

It is consistent with the state and local planning policy frameworks, including the draft

Miners Rest Outline Development Plan, with regard to the provision of appropriately

located land to provide for urban growth.

MINERS REST CONTEXT The Miners Rest Township and commercial centre is located to the north-west of the subject

land. The township comprises in the order of 600 people living in 200 households and it is

growing rapidly. The commercial centre is a neighbourhood centre comprising shops and

services to meet daily and weekly shopping needs.

The commercial centre includes:

Convenience shop

Hotel

Car garage and petrol station

Community hall

CFA Station

Church

Population projections undertaken on behalf of Council by I.D Consultants prior to the

release of the 2006 census results identified the Miners Rest – Mitchell Park area as growing

from a population of 2,348 in 2006 to 3,759 in 2021. In contrast, the Miners Rest ODP

considers a future population of approximately 5,000 (to 2021).


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The future growth of Miners Rest does present a geographical challenge due to the flood

plain associated with the Burumbeet Creek. Although a modest size the subject site

represents on the few such opportunities. The site is contiguous with Macarthur Park

through which convenient access to Miners Rest can be attained.

ECONOMIC CONSIDERATIONS The success of Macarthur Park which is predominantly complete demonstrates that Miners

Rest is an attractive residential location with excellent access to services.

Households residing on the subject land would enjoy convenient access to a wide range of

shops, recreation and entertainment facilities and employment opportunities in Ballarat. The

subject land is less than 10 minutes drive from Wendouree Shopping Precinct in north

Ballarat that includes weekly shopping and homemaker retail outlets.

There is considerable research that shows the economic necessity for communities to have

fast convenient access to the Internet. The development could provide optic fibre internet

connection to all dwellings within the development. ‘Fibre to the home’ is a Federal

Government initiative and its provision would be consistent with Ballarat becoming an IT

Centre of Victoria and be an important means to ensure that its residents enjoy all possible

opportunities to participate in the global world.

DESIGN AND ENVIRONMENTAL CONSIDERATIONS The proposal includes provision for a mix of dwelling choices and a simple road network

linking the development to Waterford Drive.

The site responds to its rural setting by incorporating habitat corridors which will be dual

purpose in providing pedestrian and cycling connectivity through the site.

The proposed subdivision has responded to three primary features of the site being as

follows:

The creek and its riparian environs;

The creek associated flood plain;

Aboriginal Heritage values.

The creek and its associated flood plain have been responded to through the proposed lots

being retained largely outside of the 1:100 year flood plain. This design results in the

northern and western boundaries of the proposed subdivision being approximately 30

metres from the creek channel itself.

As a result of the expert heritage survey and assessment in conjunction with consultation

with the Registered Aboriginal Party, the subdivision layout incorporates a central reserve.


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This reserve covers the majority of the artefacts found on the site and provides for those few

outside of the reserve area to be relocated within it.

The above reserve has had influence on the road layout in part with an appropriate edge to

the reserve being provided by a road which also ensures properties are orientated so as to

face the reserve. Further, the requirement for the reserve combined with the constraint of the

flood plain has necessitated two independent local access roads.

Overall the layout of the proposed Stage 1 subdivision is considered to be an innovative

response to the inherent cultural values of the site and an appropriate response to the

sensitive environmental context within which it sits. Whilst addressing these important

considerations the layout provides significant open space, a simple road network and a good

mix of lot sizes with generally good orientation.

The proposed subdivision provides an opportunity to incorporate a range of sustainability

principles. The types of sustainability initiatives that could be included in the wider residential

estate are:

A third pipe water system could be provided in the development (subject to

agreement with Highlands Water).

The stormwater flows can be captured, stored and excessive nutrient removed

through wetlands and the flows to the Creek maintained at their pre development

levels. The wetlands can provide habitat for native fauna and support species that

may be otherwise threatened (dependant on progress of wider Wyndholm Park

Estate).

The inclusion of green energy technologies into the energy systems of the estate and

individual dwellings. Initiatives can include photovoltaic cells and solar energy hot

water systems for dwellings.

Burrumbeet Creek and the Ballarat North Common have significant potential to

become important recreation and conservation resources for the whole of Ballarat.

The development of the subject land could include extensive open space featuring a

linear connection along the creek connecting the Miners Rest Township to the

Ballarat North Common. The linear open space could provide for a mix of activities

including active open space, walking trails and conservation areas designed to

provide habitats for native flora and fauna.

Overall the subdivision represents an innovative and logical design response to the

environmental values inherent to the site.


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SOCIAL The success of Macarthur Park residential area has demonstrated that Miners Rest is an

attractive and desirable residential location. It provides good quality dwellings in an attractive

estate primarily for the first home buyers’ market. The proposed subdivision builds on this as

a logical extension to Macarthur Park continuing to provide additional housing choice in a

quality environment within Miners Rest.

People living on the subject land will enjoy convenient access to Miners Rest by simple car

access and through walking and cycling. Future walking and cycling trails can be developed

as part of a development of the land. The subject land is a 10 minute drive time to the wide

range of shopping, recreation and employment opportunities in central Ballarat and

Wendouree. Residents who choose to live in the estate will enjoy high quality residential

amenity and convenient access to these facilities. Consequently residents will feel part of the

local Miners Rest community and also part of the larger community of Ballarat.

FEATURES OF THE SITE The topography of the land is generally flat. The most significant feature is the Burrumbeet

Creek.

TRAFFIC AND ACCESSIBILITY The site has excellent access to the surrounding street network. The subdivision will

effectively operate as an extension to Macarthur Park and will be accessed by Waterford

Drive.

Macarthur Park provides a local street network connecting to Ballarat – Maryborough Road

(Howe Street). Ballarat – Maryborough Road provides convenient access both to Miners

Rest centre and south to one of Ballarats main employment areas.

Wendouree to the south hosts the recently upgraded train station which operates as an

intermodal public transport hub. Convenient access to Melbourne and wider Victoria and

beyond is available from Wendouree.

FLORA AND FAUNA A flora and fauna assessment was conducted by ABZECO during June and July 2009 and

the report is attached at Appendix 3.

The assessment concludes that there is little quality native vegetation on the site. That

native vegetation that does exist is of poor quality due to the previous agricultural use of the

land and is located to the north and south of the site, outside the area of proposed

subdivision.


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Any clearance of the poor quality vegetation that does exist, predominantly in the southern

section of the site, does not trigger the need for a habitat hectare assessment pursuant to

the Native Vegetation Framework. This notwithstanding, the proposed subdivision ‘avoids’

the removal of this vegetation.

LOSS OF FARMING LAND A land capability assessment has been prepared by Phillips Agribusiness a copy of which is

provided at Appendix 5.

The wider Wyndholm Park site, including this site is currently operated at two enterprises,

which is equine activities and synthetic vein production. Both these enterprises are highly

specialised and their success is linked to factors beyond environmental features and

characteristics of the land. The report acknowledges that the equine enterprise is contact

and industry driven and could be easily transferred to another location providing a suitable

range of facilities where available. This is already occurring through expansion to north of

Cummins Road. The synthetic vein production must be conducted in a disease free

environment with access to veterinary skills and a suitable market outlet and therefore could

occur in any number of locations especially given its small scale of operation.

The report provides an assessment of the land according to natural feature characteristics

on a scale of 1 to 5 where 1 is best and 5 is worst. The wider site falls predominantly into

Class 2 with the remainder Class 3. This renders the site as predominantly ‘High Quality’

due to red soils with the remainder of ‘Average Quality’ due to poorer soils and flooding. In

terms objective 3 of Clause 21.04-9 – Agriculture, it is Council policy to ensure that high

quality agricultural land remains available for agricultural production. It is necessary to

consider this policy in the wider policy framework and a balanced view taken as to

competing policies pursuing provision of urban land in appropriate locations whilst also

considering the retention of quality agricultural land.

The subject site is immediately adjacent to residential development to the west in Macarthur

Park. The proximity to residential land inhibits certain agricultural land management

practices in terms of spraying and such like.

Most of the property comprises red soil which whilst agriculturally productive, is excellent for

residential development also due to good permeability and growing (gardens) conditions.

The report identifies that the real loss for consideration is not the current uses but the

potential of future grazing and crop production that is common to the district. It is this loss

that needs to be weighed against the benefits of urban development.

The availability of residential land in this location will assist in housing supply in an

alternative location to Ballarat West. The site is ideally located in terms of infrastructure and


Page 36

access to employment and community services. It is considered that a net community

benefit will result from the amendment.

ENVIRONMENTAL MANAGEMENT PLAN The site is subject to both the Environmental Significance Overlay (Schedule 2 – Streamside

and Watercourse Protection) and the Erosion Management Overlay. The purpose of these

two overlays is to protect the quality and quantity of water within watercourses and protect

areas prone to erosion, landslip or other land degradation processes.

The physical location of the subdivision on site is responsive to the sensitive environmental

values of the site by way of being set back a significant distance from the creek and its

riparian margin. The proposed subdivision is predominantly outside the 1:100 year flood

plain and avoids the removal of native vegetation.

An important aspect of the future detailed design of the subdivision will be the incorporation

of Water Sensitive Urban Design elements and appropriate control of drainage. It is

appropriate that this aspect of the proposal be addressed by condition with the requirement

of an Environmental Management Plan to address both construction controls and to ensure

the incorporation of design elements at the time of detailed subdivision design.

ARCHAEOLOGICAL AND HERITAGE INVESTIGATIONS The subdivision application triggers the need for a Cultural Heritage Management Plan

(CHMP) due to it being a high impact activity (subdivision in excess of 3 lots) and in an area

of cultural sensitivity (within 200 metres of a named waterway).

As mentioned above, a CHMP has been approved by the registered aboriginal party for the

area (Wathaurung Aboriginal Corporation - WAC) on 7 April 2010 -refer to Appendix 4. This

report details the agreement reached that open space can provide for most of the significant

finds and that other artefacts within the development area can be relocated to this open

space. A letter from the WAC dated 29 January 2012 confirms that the WAC supports the

current layout of 37 lot subdivision.

FLOOD PLAIN The Burrumbeet Creek forms the north eastern boundary of the property which has an

associated floodplain. Preliminary consultation has taken place with the Glenelg Hopkins

Catchment Management Authority. The consultation response and associated modelled

mapping of the floodplain and floodway are provided at Appendix 7.

There are minor incursions into the modelled areas by the subdivision which will require

minor engineering works to address levels. Both the amendment and planning application

will be referred to the CMA and other relevant authorities and their views taken into account.


Page 37

Overall, the presence of the creek is seen as a major asset to the property, not a hindrance

due to the associated floodplain.

WASTE WATER TREATMENT INTERFACE To the south east of the site is the Ballarat North Waste Water Treatment Plant (WWTP)

operated by Central Highland Water.

A study entitled ‘Odour Buffer Distance for Ballarat North, Ballarat South and Cardigan

Village WWTP’s’ was undertaken by Beca Pty Ltd dated January 2007 (sourced from

Council’s website). This study further references a GHD report for Central Highlands Water

dated April 2004 and entitled ‘Odour Emission Rate Surveys and Assessment of Appropriate

Buffer Distance for Ballarat North WWTP, Final Report (Draft)’. This GHD report has not

been viewed in the preparation of this submission. It is important to note that the Beca

report states that due to the absence of information about the future layout of the Ballarat

North WWTP at the time, the assessment was based on the layout as reported in the 2004

GHD report.

The Environment Protection Act 1970 establishes the framework for, amongst other matters,

protecting air quality. State environment protection policies (SEPPs) are subordinate

legislation made under the provisions of the Environment Protection Act 1970 to provide

more detailed requirements and guidance for the application of the Act to Victoria.

There are two SEPPs that apply to air quality which essentially reflect nationally adopted

standards regarding ambient air quality and air quality management. It is recognised by the

EPA (but not condoned) that real world situations may arise where SEPP standards cannot

be adhered to and as such adjacent uses may not always be protected as the SEPP

standards would envisage.

In recognising the above, the EPA adopted ‘Recommended buffer distances for industrial

residual air emissions July 1990’. This document is referred to as AQ2/86. AQ2/86 states the

following:

“While buffer distances are a means of reducing the effects of such residual emissions, they

are not an alternative to source control. In preparing this document, the Authority is not

condoning uncontrolled off-site air emissions in contravention of SEPP requirements.

Rather, the document acknowledges the fact that under the circumstances described above,

SEPP objectives might not always be met, and consequently some beneficial uses specified

in the SEPP might not always be protected in the vicinity of a premise. Responsible planning

should take account of real, not just ideal, conditions.”

The document further states that where practicable, the buffer distances should be provided

by the emitter


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The buffer distances within AQ2/86 are intended as a guide. With regard to the WWTP’s the

following is of most relevance:

“The buffer distance for sewage treatment or effluent disposal works should be determined

in consultation with EPA. Wind regimes, topography, waste loading, treatment/disposal

methods and design capacity should be taken into account. The following Table may be

used as a guide when considering proposals for residential developments in the vicinity of

existing sewage treatment works.”

Table 2 – EPA Recommended Buffer Distances for Sewerage works (in metres)

Type of Installation Installation treatment capacity

<1,000 <5,000 <20,000 <50,000

Mechanical / biological

wastewater plants 100m 200m 300m 400m

Aerobic pondage systems 150m 350m 700m 1,000m

Facultative ponds 300m 700m 1,400m 2,200m

Disposal areas for secondary

treated effluent:

- By spray irrigation 200m 200m 200m 200m

- By flood irrigation 50m 50m 50m 50m

Source: EPA

For the purposes of the subject site, the buffer distances are measured from the closest

edge of the plant, buildings or other structures and features (such as stockpiles) to the

boundary of the subject site (with the subject land currently proposed for residential zoning).

The assessment of odour and buffer distances is complex. It involves identifying the source

of odour, measuring the odour in accordance with EPA criteria, modelling dispersion rates

based on EPA methodologies, modelling various scenarios where only some odour

emissions are present and again when all sources are present and modelling under both

‘normal’ and ‘upset’ conditions. Further to this predominant weather conditions need to be

taken into account.

The Beca assessment includes identification of odour sources and an analysis of

meteorological data. This analysis identified that local wind conditions are predominantly

northerlies with a comparatively low frequency of winds from other directions. This has

obvious benefits in terms of the subject site as this predominant wind direction would take

any odour away from the subject site.

As stated earlier, the sources of odour for the purposes of the assessment were taken from

the 2004 GHD report which identified the following:

Inlet works;

2 x primary sedimentation tanks;


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4 x trickling filters;

1 x stump for sludge storage prior to belt press;

Belt press building;

Lagoon 2, lagoon 3 and stabilisation lagoon;

New sludge storage pile;

Intermediate sludge storage pile.

The Beca report sets out the parameters of its analysis in achieving a dispersion model

which is essentially based on Specific Odour Emission Rates (SOER’s) from odour sources

taking a practical approach to the real world scenario of odour detection (in terms of odour

units used as a basis being 5 instead of theoretical modelling using 1). The scenarios are

based on the GHD’s modelling of the WWTP in ‘normal’ and ‘upset’ modes. Scenarios were

also provided using Beca’s data for the same modes.

The findings, in essence, were that odour sources extended onto the subject site only under

the following conditions:

‘Normal’ Operations (Beca SOER’s) when all odour sources are present (individual

odour sources do not extend beyond the boundary);

‘Upset’ Operations (Beca SOER’s)

Beca recommended no new buffers to be extended into the site (or the wider Wyndholm

Park). This recommendation is depicted in Figure 3. Figure 4 depicts a buffer encroachment

onto the subject site under normal operations where all sources are present.


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Figure 3: Proposed odour buffer boundary with underlying 5 OU contours from Ballarat North WWTP Scenario N4.

Source: Beca WWTP Report pg. 59


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Figure 4: Scenario N3 all sources

Source: Beca WWTP Report pg. 49

The proposed development will be no more adversely affected by the WWTP than the

adjoining Macathur Park due to the distance of the subject site from the WWTP and the

prevailing winds from the north.

SITE SERVICES A detailed services report is currently being undertaken however, all necessary services are

available to the land. A services report will be submitted in due course.

SOCIAL AND COMMUNITY INFRASTRUCTURE Miners Rest currently contains the necessary social and community infrastructure to support

the additional population that will inhabit the proposed subdivision.

People living on the subject land will enjoy convenient access to the Miners Rest commercial

centre by car access and walking and cycling trails on Burrumbeet Creek. The subject land

is also a 10 minute drive time to the wide range of shopping, recreation and employment

opportunities in central Ballarat. Future residents will enjoy high quality residential amenity


Page 42

and easy convenient access to a wide range of facilities in Ballarat. Consequently residents

should feel part of the local Miners Rest community and part of the larger community of

Ballarat.

CONSULTATION The proponent has undertaken significant consultation with the local community, Ballarat

City Council and other stakeholders including the Ward Councillor, Ballarat Airport and the

Glenelg Hopkins Catchment Management Authority.

The proponent has been working with Socom Pty Ltd in terms of a consultation program with

local residents. Consultation meetings have been held based on the potential future

development of the wider 160 hectare Wyndholm Estate but i8ncluded this land. The main

issues raised include:

Ability to provide water;

Waste water management;

Increased traffic;

Impacts on aesthetic and landscape values;

The need for additional residential land;

Aircraft noise;

Loss of productive land;

Health of the creek;

Protection of flora and fauna.

The increase in traffic created by 35 residential lots will be minimal. The number of lots is not

significant and represents a logical extension to Macarthur Park. The subdivision and

subsequent development will address matters in relation to the creek environment.

The land is isolated with residential development on one front, the creek on two others and

common public land to the south. At 7.4 hectares, this isolated pocket of land is of limited

value as ongoing productive farmland.

Overall, it is considered that the proposal provides an excellent response to the issues

raised in the substantive consultation exercise.

CONCLUSION It is recognised that Ballarat is likely to experience significant population growth into the

future. It is important that areas of future growth are provided in more than one location and


Page 43

that these areas possess the basic characteristics which allow development to occur in an

orderly manner. The subject site is contiguous with existing residential development with

good links to Miners Rest and Ballarat, is relatively free of development constraints, is

primarily in single ownership, has access to all physical infrastructure needed, has good

access to additional services including public transport nearby in Wendouree and can

provide community resources. The site is proximate to existing and future employment and

commercial areas. For all these reasons, the subject site is considered a logical area for

future residential growth.

It is considered that there is considerable strategic merit to the proposed rezoning at both

State and Local Planning Policy Levels. In terms of drilling down to the site itself, it has good

road access, is not highly constrained by flora and fauna and cultural values can be

addressed as part of the proposed plan of subdivision. Overall the proposed plan of

subdivision responds and enhances the natural and environmental features identified.


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ASSESSMENT OF THE AMENDMENT PROPOSAL This section assesses the proposed amendment in accordance to Ministerial Direction 11. In

addition to this Ministerial Direction, DTPLI has produced Strategic Assessment Guidelines

with which this section also accords.

WHY IS THE AMENDMENT REQUIRED? The amendment is required to facilitate the future development of the land for residential and

public recreation purposes which cannot currently be achieved under the current zoning.

The amendment of the land for residential subdivision and a public park will provide a logical

extension to the south-eastern Miners Rest growth front.

HOW DOES THE AMENDMENT IMPLEMENT THE OBJECTIVES OF PLANNING IN

VICTORIA? The site is located adjacent to existing urban development and has access to all necessary

infrastructure. To this end the proposed amendment represents fair, orderly, economic and

sustainable use and development of land.

The site has been assessed in terms of environmental and cultural values and the proposed

plan of subdivision responds to these. The plan of subdivision provides for the appropriate

management of the Burrumbeet Creek environment by placing it within a large area of open

space. Overall the proposal provides for the natural environment and will provide a healthy

pleasant living environment for future residents.

HOW DOES THE AMENDMENT ADDRESS THE ENVIRONMENTAL EFFECTS AND ANY

RELEVANT SOCIAL AND ECONOMIC EFFECTS? The subject land incorporates on one side the Burrumbeet Creek which is subject to an

Erosion Management Overlay and an Environmental Significance Overlay. The site has

been the subject of surveys with respect to flora and fauna and archaeological and heritage

issues including the riparian margins of the creek. The amendment proposal includes a

concurrent planning application for subdivision which responds appropriately to the

environmental issues identified.

The site is in proximity to the Ballarat North WWTP. This interface issue and the emissions

of the facility has been the subject of previous studies which concluded that the subject is

sufficient distance from the WWTP to prevent odours from the WWTP adversely impacting

on the site.

DOES THE AMENDMENT ADDRESS RELEVANT BUSHFIRE RISK? The land is cleared pastoral land that does not contain or adjoin native vegetation that could

pose a bushfire risk.


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The future subdivision of the land for urban purposes will include fire services to protect the

future dwellings.

DOES THE AMENDMENT COMPLY WITH THE REQUIREMENTS OF ANY OTHER MINISTER’S

DIRECTIONS APPLICABLE TO THE AMENDMENT? The proposed amendment complies with the requirements of Ministerial Direction on the

form and content of planning schemes.

The Amendment also complies with Ministerial Direction Number 11 on the Strategic

Assessment of Amendments.

HOW DOES THE AMENDMENT SUPPORT OR IMPLEMENT THE STATE PLANNING POLICY

FRAMEWORK AND OTHER ADOPTED STATE POLICY? The subject site is contiguous with existing urban development in the area, is contained to

the small area to the west of the Burrumbeet Creek and provides for a modest number of

additional dwellings within Miners Rest. The site is proximate to services and employment

opportunities both within Miners Rest and the City of Ballarat. The proposed master plan and

subdivision responds to the environmental values of the site, including the provision of open

space and opportunities for greater connectivity with adjacent land. The site can be readily

serviced and, with the exception of the creek environment itself, has little significant value in

terms of vegetation.

Overall the site and its development for residential purposes implements applicable State

Planning Policies through providing residential housing choice in a logical location with

access to existing services with no significant adverse effects on the natural environment.

HOW DOES THE AMENDMENT SUPPORT OR IMPLEMENT THE LOCAL PLANNING POLICY

FRAMEWORK, AND SPECIFICALLY THE MUNICIPAL STRATEGIC STATEMENT? The proposed amendment and subdivision proposal is consistent with the Local Planning

Policy Framework and the MSS the provisions of which are being interpreted, in part,

through the Miners Rest ODP. The ODP identifies the subject site for future investigation for

urban uses. These investigations have been undertaken in detail for the amendment and the

proposed subdivision.

The rezoning and detailed subdivision implements the principles of the MSS in being

responsive to the environmental attributes of the site including vegetation, the creek

environment and low lying land. The size and isolation of Stage 1 render its practical use for

agricultural purposes as marginal in the longer term. The detailed subdivision layout

responds to issues of energy efficiency and landscape values through appropriate interface

with the creek environment.


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The proposal also responds to the MSS by providing additional housing choice in the region

and in a location with access to existing services. The Public Park and Recreation Zone

coupled with the existing overlays affecting the creek environment will help to protect the

natural biodiversity of the area. The proposed subdivision of the land is in a manner that

enhances and protects landscape values.

DOES THE AMENDMENT MAKE PROPER USE OF THE VPPS? The amendment is straight forward in terms of the outcome sought and uses the most

appropriate VPP tools to ensure an orderly planned, high quality residential development will

eventuate on the land. In pursuit of this a Residential 1 Zone is recommended for the site.

The subject site is affected by 3 existing Overlays and it is recommended that these

Overlays remain in place unaltered.

A concurrent planning permit is sought for the subdivision of the land.

DOES THE AMENDMENT ADDRESS THE VIEWS OF ANY REFERRAL AUTHORITY? The Amendment and subdivision application will need to be referred as part of the normal

process.

The subdivision proposal has taken account of traffic, engineering and environmental

considerations so as to address referral authority areas of input.

DOES THE AMENDMENT ADDRESS RELEVANT REQUIREMENTS OF THE TRANSPORT INTEGRATION ACT 2010? The amendment and resultant subdivision will form a small extension to the existing urban

structure of Macarthur Park. The residents will have direct access to the transport services

on the Ballarat Maryborough Road that provide linkages to Ballarat.

A traffic impact assessment will be prepared as part of the assessment of the subdivision

application to address any detailed design matters relating to the road network.

ASSESS THE IMPACT OF THE NEW PLANNING PROVISION ON THE RESOURCE AND

ADMINISTRATION COSTS OF THE RESPONSIBLE AUTHORITY? The new planning provisions will generate little resource and administration costs on the

Responsible Authority beyond the additional building consent applications generated for the

subsequent dwellings within the subdivision. With deregulation, these applications may not

necessarily be directed to the Council.


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STAGE 1 SUBDIVISION It is important that the proposed subdivision responds to the context of the site and to the

applicable planning framework. The site provides an opportunity to implement contemporary

planning and design principles and be responsive to the environmental values of the site.

The subject site forms part of the larger Wyndholm Park area and it is envisaged that in the

longer term it will not only form an integral part of Miners Rest, but also the wider estate.

The required application form, Clause 56 assessment and layout plan are provided at

Appendix 8.

PROPOSAL The key design principles that underpin the plan are:

• Provide a quality interface to Burrumbeet Creek;

• Provide a range of housing choice.

• Maintain the opportunities for pedestrian, cycling or road connections to McArthur

Park.

• Linear recreation and conservation corridor along Burrumbeet Creek.

• Provision for integration with the wider Wyndholm Park Estate.

The proposal involves:

The subdivision layout provides potential for a variety of housing types. A schedule of the

various lot sizes is provided below.

Table 3: Residential Lot Sizes.

Area (m2) No. of lots

400- 500 1

500 -600 19

600 - 700 9

700 – 800 3

800+ 3

Total 35

The subdivision will integrate within the broader context of Miners Rest being a logical

extension between Macarthur Park and the creek. The subdivision of the land will include a

community of 35 dwellings incorporating open space and the natural features of the

Burrumbeet riparian corridor.


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Substantial open space will be provided around the development adjacent to the creek and

incorporates a reserve central to the development to act both as open space and to ensure

minimal disturbance to identified Aboriginal artefacts of significance.

The proposed subdivision will be based upon the provision of a loop of local access road

with a cul-de-sac that will serve the estate providing access from Macarthur Park. The roads

have been designed in a very simple configuration and are set within the 16m to 18m road

reserves. The road reserves will adequately allow the provision of services and a footpath.

The pattern of subdivision has been carefully considered and has been the subject of a

number of amendments to address issues of the flood plain and aboriginal artefacts. The

proposed pattern of subdivision represents the most logical layout that provides for

reasonable utilisation of the site whilst appropriately responding to the features of the land.

PLANNING SCHEME PROVISIONS Although the applicable planning controls have been provided previously within the report

they are outlined below for the purposes of specific assessment of the subdivision. The

assessment is based on the land being zoned General Residential Zone.

Zoning:

Pursuant to the General Residential Zone a planning permit is required to subdivide land. An

application to subdivide land must meet the requirements of Clause 56. With regard to

proposed subdivision, Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1 and 56.06-3 are not

applicable as the subdivision contains 32 lots (between 16- 59 lots)

Overlays

The following sets out the overlay provisions applicable to the site and the response to

decision guidelines therein.

Design and Development Overlay (Schedule 18)

This overlay affects the far northern end of the site.

Schedule 18 to the DDO is entitled ‘Ballarat Aerodrome – Building height above 15 metres’.

The purpose of this schedule is to protect the aerodrome from inappropriate development

that may constitute a hazard to its safe and orderly operation.

Generally this schedule triggers the need for a buildings and works permit to construct a

building over 15 metres in height.

The current application is for subdivision only and does not trigger a permit requirement

under this overlay. This notwithstanding, the future development of the land is most likely for

single or 2-storey residential dwellings and as such is most unlikely to support a built from

that would exceed 15 metres in height.


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Environmental Significance Overlay (Schedule 2)

This overlay is aligned with the course of the Burrumbeet Creek and affects a large

proportion of the site excluding the western side.

Schedule 2 to the ESO is entitled ‘Streamside and Watercourse Protection’.

The environmental objectives of this schedule are as follows:

To maintain the quality and quantity of water within watercourses.

To maintain the ability of streams and watercourses to carry natural flows.

To prevent erosion of banks, streams beds and adjoining land and the situation of


To protect and encourage the long term future of flora and fauna habitats along

watercourses.

To ensure that development does not occur on land liable to flooding.

A permit is required to construct any buildings or works or for the undertaking of any

earthworks.

A planning permit is required under this overlay for the proposed residential subdivision due

to earthworks.

Erosion Management Overlay.

This overlay effectively mirrors the ESO above being aligned with the course of the

Burrumbeet Creek and also affects a large proportion of the site excluding the western side.

The purpose of this overlay is to protect areas prone to erosion, landslip or other land

degradation processes, by minimising land disturbance and inappropriate development.


• To construct a building or construct or carry out works.

• To remove, destroy or lop any vegetation (with some exemptions).

• To subdivide land.

• Under each of the triggers identified above.


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ASSESSMENT OF STAGE 1 SUBDIVISION A thorough assessment of the proposal pursuant to Clause 56 has been provided at

Appendix 8. The development demonstrates a high level of compliance with the standards

and objectives contained in Clause 56.

Additional issues to address are outlined below and assessment against the decision

guidelines of Clause 65 is provided.

Policy Implementation

The recently exhibited Miners Rest ODP (originally adopted in 1997), identifies the subject

site for future investigation for urban development. It is considered that the subdivision

proposed is consistent with this guiding plan as has been discussed above in the

consideration of the rezoning request.

The subdivision implements the principles of the MSS in being responsive to the

environmental attributes of the site including vegetation, the creek environment and low lying

land. The size and isolation of the subject land render its practical use for agricultural

purposes as marginal. The detailed subdivision layout responds to issues of energy

efficiency, Aboriginal heritage values and landscape values through an appropriate interface

with the creek environment. The approved Cultural Heritage Management Plan is provided

at Appendix 4. The centralised linear open space reserve is a response to the location of the

majority of finds such that they can remain in situ. It has been agreed, as reflected in CHMP,

that other artefacts can be relocated to within this reserve.

A Summary of the development’s compliance with clause 56 is provided below.

Lot layout and lot size

The lot sizes ranging from 472m2 to 1,646m2 provides a mix to respond to a variety of

market needs. The diversity in lot sizes allows for a variety in housing types and responds to

new home buyers at all levels.

Access and internal road network

The road network has been designed to integrate with residential development to the west.

The internal road layout is largely dictated by the significant constraint on the land

represented by the 1:100 year flood plain and the location of Aboriginal artefacts.

Pedestrian networks

The subdivision layout provides opportunities for linkages to existing cycle paths and into

future residential development.


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Staging of development

The subdivision comprises 37 lots including 35 residential lots and 2 reserves, no staging is

proposed.

Public open space

A large portion of the site has been set aside for open spaces.

The subdivision includes open space that takes advantage of the natural features particularly

the local Burrumbeet creek and large areas of open space are provided including areas of

environmental and cultural significance.

Clause 65

Assessment against the decisions guidelines of Clause 65 is provided below.

The suitability of the land for subdivision.

This has been addressed in the assessment of the amendment above and has

identified the land as appropriate for future development and subdivision.

The land is contiguous with existing urban development and represents a logical

area for urban expansion.

The existing use and possible future development of the land and nearby land.

The subject site has previously been used for pastoral purposes. Given the

environmentally sensitive nature of the creek environment and size and isolation of

the site, its practical use for agricultural purposes is considered marginal.

Nearby land is currently being developed for urban residential use in Macarthur

Park. Land to the north and east forms the wider Wyndholm Park area which is

likely to be utilised for urban development in accordance with the exhibited Miners

Rest Outline Development Plan and a future development plan.

The availability of subdivided land in the locality, and the need for the creation of

further lots.

The subject land is located to the south-east of Miners Rest and represents one of

the few areas in the region largely unconstrained for development. For this reason

the site represents a logical location for increasing housing provision and choice in

the Miners Rest area.


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The effect of development on the use or development of other land which has a common means of drainage.

The subdivision will be the subject of its own drainage system which will be to the

satisfaction of the relevant authority.

The subdivision pattern having regard to the physical characteristics of the land

including existing vegetation.

The proposed subdivision directly responds to, and is largely a direct result of the

attributes of the site including vegetation, Aboriginal artefacts of heritage

significance, the creek environment and low lying land. In particular, the subdivision

has been designed to align with the 1:100 year flood line level and provide for a

reserve to allow Aboriginal artefacts to remain largely in situ.

The density of the proposed development.

The density of the proposed development is considered appropriate given its fringe

urban location and the potential market. The density is also an outcome of the

characteristics of the land with a large proportion remaining outside of the

subdivision area. The subdivision proposes a range in lot sizes of 472m2 to 1,646m2

creating a layout that will retain the natural features of the creek area and provide a

logical visual extension of Miners Rest.

The subdivision provides a lot density of 4.7dwellings per hectare. Whilst this is very

low it is because of constraints on the site.

The area and dimensions of each lot in the subdivision.

All lots are generous in size and reflective of the characteristics of the location. All

lots are in excess of 472m2 and are able to contain a rectangle of 10 metres by 15

metres. Furthermore, the generous size of lots will easily provide for substantial

private open spaces with excellent solar access ensuring a high level of amenity for

future residents.

The layout of roads having regard to their function and relationship to existing roads.

The proposed road layout is straightforward given it is catering for only 37 lots. The

road layout, again, is heavily influenced by the reserve created to avoid the

disturbance of Aboriginal artefacts of significance.

The movement of pedestrians and vehicles throughout the subdivision and the ease of access to all lots.

All lots directly abut the proposed streets which in turn connect into the local street

network.


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The provision and location of reserves for public open space and other community facilities.

Extensive open space is provided in the form of the land that adjoins the

Burrumbeet Creek and a central reserve. There are opportunities here for the

provision of linear recreation trails and potential links through to Macarthur Park

and, in future, across the creek into the wider Wyndholm Park Estate.

The staging of the subdivision.

The proposed subdivision would not be staged.

The design and siting of buildings having regard to safety and the risk of spread of fire.

The subdivision will form part of Miners Rest and benefit from connection to

reticulated services. The land is currently clear of significant vegetation and fuel

sources. Lot sizes are generous and spacing between dwellings and outbuildings

will result. All dwellings will front the public street network.

The availability and provision of utility services, including water, sewerage, drainage, electricity and gas.

The subdivision will have access to existing reticulated services in the area.

Whether, in relation to subdivision plans, native vegetation can be protected through

subdivision and siting of open space areas.

The subdivision avoids identified areas of native vegetation which are located in

areas of future open space.

CONCLUSION - SUBDIVISION The subdivision presents a straight forward pattern of development and most importantly

appropriately addresses the sensitive interfaces both with the Creek and the residential land

to the west. Overall the subdivision achieves a high level of compliance with the statutory

mechanisms within the planning scheme.


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CONCLUSION This submission proposes the rezoning of the subject land from its current Farming Zone to

a General Residential Zone.

This land referred to as Stage 1 of Wyndholm Park Estate can, in isolation, be considered an

extension to McArthur Park however, in the longer term can function as an urban link

between this area and the wider Wyndholm Park Estate to the east of Burrumbeet Creek.

At a strategic level Stage 1 is of limited use for agricultural purposes by reason of its size

and relative isolation due to restrictive land uses or features for this use on all four fronts.

The site has little inherent environmental values with the exception of its very important

interface with the creek. The site is contiguous with the existing urban fringe of Miners Rest,

has good access to existing services both in Miners Rest and Ballarat. Population and

household forecasts generally support the provision of housing and ideally this housing

should be provided in a number of areas to provide choice for the consumer. The proposed

rezoning and residential subdivision is generally consistent with the direction of the ODP.

At a physical level, the site is relatively flat and free of major development constraints. The

land has access to all necessary services and the detailed subdivision responds

appropriately to the creek interface. The ultimate built form will result in a high quality

residential development that will provide a visual interface both with the Macarthur Park

estate and the Burrumbeet Creek. The subdivision application achieves a high level of

compliance with Clause 56 of the Ballarat Planning Scheme and the provisions of the

applicable overlays and has appropriately addressed matters of Aboriginal heritage, open

space and native vegetation.

Overall the site is in a sensible location for residential development where alternative land

uses are marginal. The rezoning and the subdivision proposal achieve a high level of

compliance with the State and Local Planning Policy Frameworks and technical compliance

with the particular provisions.

The proposal represents the best use of the land and the rezoning and subdivision proposal

is commended to Council.


APPENDIX ONE |Certificate of Title

VOLUME 03204 FOLIO 659 Security no : 124034298428D Produced 02/07/2010 10:45 am CROWN GRANT

LAND DESCRIPTION

Crown Allotment 63B Parish of Dowling Forest.

REGISTERED PROPRIETOR

Estate Fee Simple Sole Proprietor MYSTONIA PTY LTD of 2/480 ST KILDA ROAD MELBOURNE VIC 3004 AG121818W 06/10/2008

ENCUMBRANCES, CAVEATS AND NOTICES

Any crown grant reservations exceptions conditions limitations and powers noted on the plan or imaged folio set out under DIAGRAM LOCATION below. For details of any other encumbrances see the plan or imaged folio set out under DIAGRAM LOCATION below.

DIAGRAM LOCATION

SEE TP357746P FOR FURTHER DETAILS AND BOUNDARIES

ACTIVITY IN THE LAST 125 DAYS

NIL ------------------------END OF REGISTER SEARCH STATEMENT------------------------ Additional information: (not part of the Register Search Statement) Street Address: WATERFORD DRIVE MINERS REST VIC 3352 DOCUMENT END

Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the CopyrightAct and for the purposes of Section 32 of the Sale of Land Act 1962 or pursuant to a written agreement. The information is only valid at the time and in the formobtained from the LANDATA REGD TM System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of theinformation.

Title 3204/659 Page 1 of 1

Imaged Document Cover Sheet

The document following this cover sheet is an imaged document supplied by LANDATA®, Land Victoria.

Document Type plan

Document Identification TP357746P

Number of Pages

(excluding this cover sheet)

2

Document Assembled 02/07/2010 10:47

Copyright and disclaimer notice:© State of Victoria. This publication is copyright. No part may be reproduced by any process exceptin accordance with the provisions of the Copyright Act and for the purposes of Section 32 of the Saleof Land Act 1962 or pursuant to a written agreement. The information is only valid at the time and inthe form obtained from the LANDATA® System. The State of Victoria accepts no responsibility forany subsequent release, publication or reproduction of the information.

The document is invalid if this cover sheet is removed or altered.

VOLUME 03215 FOLIO 866 Security no : 124034298773D Produced 02/07/2010 10:56 am CROWN GRANT

LAND DESCRIPTION

Crown Allotment 63C Parish of Dowling Forest.

REGISTERED PROPRIETOR

Estate Fee Simple Sole Proprietor MYSTONIA PTY LTD of 2/480 ST KILDA ROAD MELBOURNE VIC 3004 AG121818W 06/10/2008

ENCUMBRANCES, CAVEATS AND NOTICES

Any crown grant reservations exceptions conditions limitations and powers noted on the plan or imaged folio set out under DIAGRAM LOCATION below. For details of any other encumbrances see the plan or imaged folio set out under DIAGRAM LOCATION below.

DIAGRAM LOCATION

SEE TP357758G FOR FURTHER DETAILS AND BOUNDARIES

ACTIVITY IN THE LAST 125 DAYS

NIL ------------------------END OF REGISTER SEARCH STATEMENT------------------------ Additional information: (not part of the Register Search Statement) Street Address: WATERFORD DRIVE MINERS REST VIC 3352 DOCUMENT END

Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the CopyrightAct and for the purposes of Section 32 of the Sale of Land Act 1962 or pursuant to a written agreement. The information is only valid at the time and in the formobtained from the LANDATA REGD TM System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of theinformation.

Title 3215/866 Page 1 of 1

Imaged Document Cover Sheet

The document following this cover sheet is an imaged document supplied by LANDATA®, Land Victoria.

Document Type plan

Document Identification TP357758G

Number of Pages

(excluding this cover sheet)

2

Document Assembled 02/07/2010 10:58

Copyright and disclaimer notice:© State of Victoria. This publication is copyright. No part may be reproduced by any process exceptin accordance with the provisions of the Copyright Act and for the purposes of Section 32 of the Saleof Land Act 1962 or pursuant to a written agreement. The information is only valid at the time and inthe form obtained from the LANDATA® System. The State of Victoria accepts no responsibility forany subsequent release, publication or reproduction of the information.

The document is invalid if this cover sheet is removed or altered.


APPENDIX TWO | Zones and Overlays

Waterford Drive, Miners Rest REF: 2008

ZONING MAP - FARMING ZONE SUBJECT SITE

COPYRIGHT DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT REPRODUCED FROM DPCD PLANNING SCHEMES ONLINE WEBSITE NOT TO SCALE

N


OVERLAY MAP – DESIGN & DEVELOPMENT OVERLAY (DDO18)

SUBJECT SITE


N


OVERLAY MAP – ENVIRONMENTAL SIGNIFICANCE OVERLAY (ESO2) SUBJECT SITE


N


OVERLAY MAP – EROSION MANAGEMENT OVERLAY (EMO) SUBJECT SITE


N


APPENDIX THREE | Flora and Fauna Assessment

Abzeco Pty Ltd ABN 93113245435. Suite 1, 4 Brisbane St. Eltham 3095 T:03-9431-5444 F:03-9431-5443 www.abzeco.com.au

Flora, Fauna and Net Gain Report on land at Wyndholm Park, Miners Rest

Prepared for The Planning Group Pty Ltd on behalf of Sunland Group

Justin Pegg, Karl Just & Richard Francis Report 0924, Version 1.0 July 2009

Abzeco Flora Fauna & Net Gain Report 0924 for Wyndholm Park, Miners Rest,23rd July 2009 Ver.1.0

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Table of Contents 1 Summary ....................................................................................................................................... 4

2 Introduction.................................................................................................................................... 6

3 Background ................................................................................................................................... 7 3.1 Study area ................................................................................................................................. 7

3.1.1 Previous land use, disturbance history and current state of the study areas ......... 7 3.1.2 Land use and condition of area surrounding study area............................................ 7

4 Legislation, regulations and the City of Ballarat planning scheme..................................... 10 4.1.1 Environmental Protection & Biodiversity Conservation Act (1999) ........................ 10 4.1.2 Flora and Fauna Guarantee Act (1988)...................................................................... 10 4.1.3 Catchment and Land Protection Act (1994)............................................................... 11 4.1.4 Victorian Native Vegetation Management Framework............................................. 11 4.1.5 City of Ballarat Planning Scheme ................................................................................ 12

5 Flora ............................................................................................................................................. 13 5.1 Survey Methods...................................................................................................................... 13

5.1.1 Pre-existing information search ................................................................................... 13 5.1.2 Field survey and mapping ............................................................................................. 13 5.1.3 Flora Survey Limitations................................................................................................ 13

5.2 Flora results............................................................................................................................. 14 5.2.1 Species observed........................................................................................................... 14 5.2.2 Ecological Vegetation Classes in the Study Area ..................................................... 14 5.2.3 Present-day vegetation types ....................................................................................... 15 5.2.4 Habitat suitability for flora species of conservation significance............................. 17

5.3 Vegetation assessments under the Native Vegetation Management Framework....... 19 5.4 Types of vegetation assessable under the Framework ................................................... 19

5.4.1 ‘Intact’ Habitat Hectare assessable vegetation ......................................................... 19 5.4.2 Scattered indigenous trees without ‘intact’ understorey observed ......................... 21 5.4.3 Non-assessable indigenous vegetation observed .................................................... 21 5.4.4 Implications of conservation significance under the Native Vegetation Management Framework .............................................................................................................. 23

5.5 Proposed vegetation clearances & offset requirements .................................................. 23 5.6 Improving the ecological outlook of remnant vegetation on the site .............................. 23

6 Fauna ........................................................................................................................................... 25 6.1 Pre-existing information search ........................................................................................... 25 6.2 Fauna assessment methods ................................................................................................ 25

6.2.1 Fauna survey limitations and merits of a records & habitat assessment based approach .......................................................................................................................................... 25

6.3 Fauna database query and field survey results................................................................. 26 6.3.1 Results of AVW & EPBC queries................................................................................. 26 6.3.2 Fauna field survey results ............................................................................................. 26

7 Faunal Habitat Assessment...................................................................................................... 27 7.1 Habitat types observed and assessment of quality .......................................................... 27


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8 Habitat suitability for rare and threatened fauna ................................................................... 29 8.1 Mammals ................................................................................................................................. 29 8.2 Birds ......................................................................................................................................... 30 8.3 Reptiles .................................................................................................................................... 36 8.4 Frogs ........................................................................................................................................ 36 8.5 Fish ........................................................................................................................................... 37 8.6 Invertebrates ........................................................................................................................... 38 8.7 Habitat suitability for common species ............................................................................... 38

9 Conservation significance of the study area .......................................................................... 39 9.1 Conservation significance of ecological communities in the study area ....................... 39 9.2 Conservation significance of flora species found in the study area ............................... 39 9.3 Conservation significance of fauna species found or likely to occur in the study area 41 9.4 Regulatory implications of conservation significance assessments............................... 41

9.4.1 Implications due to EPBC Act listed species ............................................................. 41 9.4.2 Implications due to FFG Act listed species ................................................................ 42 9.4.3 Implications due to Victorian species of conservation significance listings .......... 42 9.4.4 Implications under the Native Vegetation Management Framework ..................... 42 9.4.5 Implications due to Catchment and Land Protection Act listings............................ 42

10 Conclusions & Recommendations........................................................................................... 43

11 References .................................................................................................................................. 46

Appendices

Appendix 1. RARE AND THREATENED VASCULAR PLANT SPECIES PREVIOUSLY RECORDED WITHIN 10 KMS OF THE CENTRAL POINT OF THE STUDY AREA.......... 48

Appendix 2. EPBC PROTECTED MATTERS SEARCH TOOL RESULTS – FLORA ................ 49 Appendix 3. VASCULAR PLANT SPECIES OBSERVED WITHIN STUDY AREA. .................... 50 Appendix 4. RARE AND THREATENED FAUNA SPECIES – AVW RECORDS........................ 52 Appendix 5. EPBC PROTECTED MATTERS SEARCH TOOL RECORDS – FAUNA............... 53 Appendix 6. FAUNA SPECIES RECORDED DURING FIELD SURVEYS AT THE STUDY

AREA................................................................................................................................................ 55


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1 Summary

The report provides a description of the flora, fauna and ecological values of land at Wyndholm Park, Miners Rest that is proposed for development for residential use. A discussion of impacts of such development on indigenous flora and fauna and a preliminary Net Gain assessment is provided.

This report has been prepared after consideration of flora and fauna records for the area and two brief botanical and zoological assessments of the subject land. The first of these assessments was undertaken during a former study covering a much larger area in 2007 (Just et. al. 2008) and the second was undertaken during to inform the preparation of this report. The former study recommended a more detailed assessment of the subject site after the removal of grazing.

Flora

The study site was surveyed for botanical values on two occasions. A total of 95 vascular plant species were recorded in the study area, 36 of which are indigenous species and 59 exotic or non‐indigenous native species.

The majority of the site has been totally cleared of indigenous vegetation in the past and is dominated by pasture grasses.

One large indigenous tree remains on the site. The majority of the trees present are planted non‐indigenous native and exotic weedy species.

No indigenous flora species of conservation significance were noted during the assessment. It is possible that such species may occur in the grassy wetland areas but were not recorded due to effects of grazing pressure. It is likely that a spring survey conducted in these areas would record a much higher diversity and cover of common and possibly rare native flora species after sufficient time has elapsed following removal of grazing pressure.

Fauna

No fauna species of conservation significance was noted in the study area during the brief assessment, however given the brevity and season of survey the possibility cannot be entirely ruled out. It is possible that some threatened fauna occasionally utilise habitats along the Burumbeet Creek and associated grassy wetlands identified within the site.

The habitat quality assessment found the majority of the study site to be dominated by pasture grass and is considered to be of low habitat value for native fauna species.

One large indigenous Swamp Gum is considered to provide habitat of ‘Very High’ quality for native birds and bats. Planted non‐indigenous native trees on the land are considered to provide habitat of ‘Low to Moderate’ quality for native birds and bats. Numerous exotic weedy trees along the tributary are of low faunal habitat value.

Ephemeral wetlands in the north of the study area are surrounded by exotic pasture and are of moderate faunal habitat fauna.

The Burrumbeet Creek, is considered to be potential habitat for the Growling Grass Frog. Determining whether these species and/or other important species utilise the study site for foraging and dispersal would require a more thorough zoological survey. It is suggested it be assumed Growling Grass frogs may now or at some time in the future utilise the Burrumbeet Creek and future development of the site should provide for this possibility.

Regulatory implications of findings


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Based on the findings from this study there may be implications under the Native Vegetation Management Framework (the Framework) if the proposed development design will impact upon areas ‘intact’ vegetation or the ‘scattered’ indigenous tree. Indigenous wetland vegetation is present in the north of the land, in two patches covering a total area of 1.16 ha, with a total value of 0.33 habitat hectares. Indigenous ephemeral vegetation persists in the south of the land covering a total area of 0.838 ha with a total value of 0.117 habitat hectare. Some aquatic and riparian vegetation persists along the Burrumbeet Creek, which runs along the eastern border of the study area. It is understood that any development design will avoid impacts in these areas, which would be in line with the Framework requirements to ‘avoid’ and ‘minimise’ impacts on native vegetation.

Further zoological investigations may reveal that EPBC Act listed species utilise the creek or ephemeral wetland areas. If populations of these species are present a ‘referral’ to the Commonwealth Minister for Environment may be required. If the Minister considers it is likely that a proposed action will impact upon the matter of national environmental significance the action is considered ‘controlled’, and requires assessment (via one of a range of avenues) and the grant of a permit to proceed.

Habitat Zones 1 & 2 are attributable to the ecological community ‘Temperate Lowland Plains Grassy Wetland’. This community has been nominated as a threatened ecological community under the EPBC Act. It is likely to be listed as an endangered ecological community in the latter half of 2010 (DSE 2009). At present it is not protected by this Act.

Several weed species listed as regionally controlled under the Catchment and Land Protection Act (1994) occur within the study area as scattered plants or minor infestations. Under the Act landholders have an obligation to control these weeds on their land.

Threats to fauna and flora values

If appropriate measures are not taken, the proposed development could further degrade the drainage line and ephemeral wetland areas. Increases in stormwater runoff, the introduction of additional weed species and disturbances from future residential housing could potentially reduce the habitat suitability of the drainage line for native fauna.

Enhancement & Mitigation Options

The construction of Water Sensitive Urban Design (WSUD) stormwater treatment system that includes wetlands, ponds and vegetated swales should be considered to provide habitat for common and rare fauna species.

Retention and enhancement of vegetation contiguous to the Burrumbeet Creek, to a width of at least 30 meters where possible, would effectively enhance the remaining habitat of rare species which possibly utilise the study site being the Growling Grass Frog and possibly the Dwarf Galaxias, amongst others. Such enhancement would also provide an ecological corridor for common native fauna likely to utilise and pass through the study site while dispersing.

The use of appropriate indigenous street trees and other indigenous vegetation in amenity landscaping may provide some ecological benefits, for common native fauna, and can assist in creating a more aesthetically pleasing environment. Plantings of this nature can be more water efficient and provide an opportunity for the public to become more accustomed to indigenous vegetation in a formal setting.


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2 Introduction

In May 2009 the Planning Group commissioned Abzeco to undertake a flora and fauna assessment of land at Wyndholm Park, Miners Rest. Development of this land for residential use is currently proposed. This report is intended to inform the planning process. It provides the results of a review of pre‐existing data and a brief assessment of native vegetation and animal habitats currently present within the study area. It describes the fauna, vegetation and habitat types across the study area and the conservation significance of species and vegetation types present and/or likely to occur. This report is in part informed by a former assessment of the site undertaken by Abzeco in 2007 (Just et al. 2008).

The report describes likely implications under the Victorian Native Vegetation Management Framework (the Net Gain policy).

The report provides information relating to anticipated implications due to flora and fauna matters under the City of Ballarat Planning Scheme, Victorian Flora and Fauna Guarantee Act (1988), Conservation and Land Management Act (1994) and the Commonwealth Environment Protection and Biodiversity Conservation Act (1999) of the proposed development.


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3 Background

3.1 Study area The study consists of privately owned land at Wyndham Park, Miners Rest, north of Ballarat.

The study area is depicted in Figure 1.

The entire study area lies within the Victorian Volcanic Plain bioregion.

3.1.1 Previous land use, disturbance history and current state of the study areas

The majority of the study site has been cleared of native vegetation and is dominated by a variety of introduced weeds. It is likely that the original native vegetation was removed for a combination of agricultural purposes; grazing and cropping. The removal of key ecological processes such as regular burning is also likely to have contributed to the decline of native flora species.

The present vegetation is dominated by a variety of exotic pasture grasses and weeds. The study site was highly grazed during both assessments.

Indigenous vegetation is largely restricted to:

• the creek line banks where small stands of indigenous grasses and herbs are the minority amongst exotic species;

• areas of grassy wetland occurring on the low‐lying flat creek terrace; and

• Water Reed dominated riparian vegetation contiguous to the Burrumbeet creek, along with sparse occurrences amongst pasture.

The Burrumbeet Creek flows from the north of the study site and defines part of the eastern property boundary. The creek appears to receive input from a sewage treatment plant situated to the north.

The water column in the creek was highly turbid and indigenous aquatic herbs observed during the first assessment were not recorded during the second.

Land within the study site is generally degraded and carries a variety of noxious weeds.

3.1.2 Land use and condition of area surrounding study area

All land, except for a thin band of vegetation inaccessible to stock on the eastern bank of the Burrumbeet Creek, within the study site appears to have a history of agricultural use and is currently subject to grazing.

Within the study site, the eastern bank of the Murrambeet Creek hosts one large remnant Swamp gum Eucalyptus ovata and is lined with immature Blue Gum Eucalyptus globulous specimens which have been planted.

Surrounding lands were inspected from within the study area, from neighboring roads and from aerial photography. Lands to the north, east and south appear to be utilised for agricultural practices and to be of similar condition to the study site. Lands to the west have recently been developed for residential purposes, empty residential lots host many noxious weeds.


8

A Radiata Pine plantation and a number of sewage treatment ponds occur to the south of the study site. These treatment ponds include large areas of open water, freshwater marshes and extensive reed beds.

Native vegetation within the local area appears to have been largely cleared for agriculture and residential housing.

Lands to the east and south are fenced and heavily grazed, the pasture appears to be in similar condition to the pasture within the study site.

Zone 2

Zone 3

Zone 1

Survey Date: 6th December, 2007 and 2nd July 2009Created by : Richard FrancisFile: J:\Jobs\0924-MinersRest-PlanningGroup\report\Figure1-WhyndolmParkMinersRest-V1.0

10 0 10 20 305Meters

LegendStudyAreaPropertyWatercourseWaterbody

Eucalyptus ovataHabitat Zones

Plains Grassy WetlandStreambank Shrubland

Abzeco Pty. LtdSuite 1, 4 Brisbane StreetEltham, Victoria 3095Ph 03 9431 5444www.abzeco.com.au

Figure 1: Extent of the Study Site And Vegetation Matters, Whyndolm Park, Ballarat, Victoria

Note: location of property boundaries, watercourse and topography indicative only Scale 1:2,000

This low lying area supports astand of large Common Reed anda exotic pasture species. As formuch of the study site this vegeteationis highly impacted from grazing.This patch is a simplified low qualityremnant of Streambank Shrubland.

The drainage line is variously dominated by exotic willows andthe high threat weed Spiny Rush. Scattered aquatic speciesobserved include Water Ribbons and Blunt Pondweed.A linear planted strip of native vegeation follows the easternbank. A single remnant Swamp Gum occurs on the eastern bank.

These patches of Plains Grassy Wetland supports a lowdiversity of indigenous and exotic flora species. Althoughsimplified and highly impacted from past and current grazingthese patches may suport flora species of conservationsignficance known to occur in the area.

As a guide, a minimum buffer of 30 metres fromthe top of the bank on the Burumbeet Creek islikely to be required. This set back would providesuitable protection for remnant vegetation.


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4 Legislation, regulations and the City of Ballarat planning scheme

The key biodiversity protection legislation and regulations potentially affecting the development potential of the study area are the Victorian Flora and Fauna Guarantee Act (1988) (FFG Act), Commonwealth Environment Protection and Biodiversity Conservation Act (1999) (EPBC Act), the Catchment and Land Protection Act (1994), Planning and Environment Act (1987), the City of Ballarat Planning Scheme and the Victorian Native Vegetation Management Framework.

4.1.1 Environmental Protection & Biodiversity Conservation Act (1999)

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is the primary Commonwealth legislation for environment protection. Under the EPBC Act, an action will require approval from the Commonwealth Environment Minister if the action has, will have, or is likely to have a significant impact on a matter of ‘national environmental significance’ and it is not subject to certain specified exceptions.

Matters of national environmental significance trigger the Commonwealth’s environmental assessment and approval responsibilities. The matters are: World Heritage properties, Ramsar wetlands of international importance, nationally listed threatened species and ecological communities, migratory species protected under international agreements, Commonwealth marine environment and nuclear actions.

If a project might impact on a matter of environmental significance a ‘referral’ to the Commonwealth Minister for Environment is required. If the Minister considers it is likely that a proposed action will impact upon the matter of national environmental significance the action is considered ‘controlled’, and requires assessment (via one of a range of avenues) and the grant of a permit to proceed.

4.1.2 Flora and Fauna Guarantee Act (1988)

The Flora and Fauna Guarantee Act 1988 is the primary State legislation for the protection of biodiversity, native plants, native animals and ecological communities on land and in water. Species and ecological communities can be listed as threatened under the Act, based on assessments by an independent Scientific Advisory Committee. Threatening processes may also be listed.

Flora listings under the FFG Act

Plants are listed under the FFG Act for a number of reasons. Most species are included to protect them from threats to the survival of the species, and are listed under Schedule 2 of the Act. Whilst not immediately threatened, a number of species, genera and families are listed to protect them from over harvesting by wildflower collectors and horticulturalists etc. A permit is required to clear any listed plant on public land.

Fauna listings under the FFG Act

Animals are listed under the FFG Act when the species is in decline or under threat of extinction.

Non-listed Victorian Rare or Threatened flora species listings (VROTs)

Experts from the Victorian Department of Sustainability and Environment maintain lists of rare or threatened flora species in Victoria. Listing does not automatically confer FFG Act protection or


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any other legislative protection however listing can trigger enhanced vegetation protection via the Native Vegetation Management Framework.

Fauna Conservation Status in Victoria (CST)

Experts from the Victorian Department of Sustainability and Environment maintain lists of rare or threatened fauna species in Victoria. Listing does not automatically confer FFG Act protection or any other legislative protection however listing can trigger enhanced vegetation (and therefore habitat) protection of the animal’s habitat via the Native Vegetation Management Framework.

4.1.3 Catchment and Land Protection Act (1994)

The Catchment and Land Protection Act 1994 (the CALP Act) seeks to protect Victorian land and water resources from degrading processes.

Under the Act Landowners are required to conserve soil, protect water resources, eradicate ‘controlled’ and ‘prohibited’ weeds and eradicate pest animals and avoid causing land degradation on a neighboring property. Landowners may be served a Land Management Notice which may prohibit or regulate land use or specify management practices for degraded land.

4.1.4 Victorian Native Vegetation Management Framework

The Victorian Native Vegetation Management Framework (the Framework) policy seeks to protect remnant native vegetation, and to achieve a ‘net gain’ in native vegetation across Victoria. Vegetation quality measurement is integral to the assessment of ‘net gain’ and a new system of quality scoring, the Habitat Hectare approach, has been developed to accompany the policy.

Net Gain ‐ is where, over a specified area and period of time, losses of native vegetation and habitat, as measured by a combined quality‐quantity measure (habitat hectare), are reduced, minimised and more than offset by commensurate gains. Habitat Hectare ‐ a site‐based measure of quality and quantity of native vegetation that is assessed in the context of the relevant native vegetation type.

Definitions from ”Victoriaʹs Native Vegetation Management ‐ A Framework for Actionʺ, DNRE, 2002.

The policy restricts the clearance of many vegetation types depending upon their ‘conservation significance’, and requires that any clearing that is permitted be compensated by the protection and enhancement of other remnant vegetation or the revegetation of native vegetation communities.

A key element of the Framework is the ʹthree step approachʹ. In any development proposal, regardless of the ‘conservation significance’ of the vegetation, proponents are expected to demonstrate Avoidance of remnant native vegetation, Minimisation of any unavoidable impacts and Offsets for any unavoidable losses of native vegetation. Options for offsets are restricted to ensure that rare or high‐quality vegetation is not replaced with larger areas of common vegetation types.

Under section 52.17 of the Planning Provisions a permit is required to remove native vegetation on landholdings larger than 0.4 Ha. A number of exemptions apply to this requirement to obtain a planning permit.

Planning Scheme Overlays which seek to protect vegetation may also require a permit to be issued for the removal of vegetation.


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4.1.5 City of Ballarat Planning Scheme

According to online mapping1 the study site is zoned Farming Zone (FZ).

Two overlays addressing ecological matters affect land near the Burrumbeet Creek, an schedule 2 to the Environment Significance Overlay and an Erosion Management Overlay.

Environment Significance Overlay 2 addresses “Streamside and Watercourse Protection” and seeks to:

• “maintain the quality and quantity of water within watercourses.

• maintain the ability of streams and watercourses to carry natural flows.

• prevent erosion of banks, streams beds and adjoining land and the situation of


• protect and encourage the long term future of flora and fauna habitats along watercourses.

• ensure that development does not occur on land liable to flooding.”

The “Erosion Management Overlay” seeks to:

“protect areas prone to erosion, landslip or other land degradation processes, by minimising land disturbance and inappropriate development.”

There is no Significant Landscape Overlay or Vegetation Protection Overlay affecting the study site.

1 http://www.dse.vic.gov.au/planningschemes/Ballarat/map.html, queried December 2007.


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5 Flora

5.1 Survey Methods A desktop investigation of pre‐existing information and an on‐foot field survey was undertaken to determine the flora values of the study area.

5.1.1 Pre-existing information search

The Department of Sustainability & Environment’s Flora Information System was queried and a search was made for all flora species recorded within a 10km radius of the central point of the study area. From these search results a list of rare and threatened plant species recorded in the region was generated. This list is reproduced in Appendix 1 to this report, and provided guidance for the species search undertaken during the on‐foot field survey. An analysis of the likelihood of occurrence of each of these species is provided in section 5.2.4.

The Environment Protection and Biodiversity Act (1999) (the EPBC Act) Protected Matters Search Tool on the Commonwealth Department of Environment and Heritage website was queried to determine if any protected flora related matters were likely to occur within a 10km radius of the study area. The results of this query are presented in Appendix 2, and an analysis of the likelihood of occurrence of each of these species is provided in section 5.2.4.

5.1.2 Field survey and mapping

Assessments of vegetation on the property were undertaken on the 6th of December, 2007 and on the 2nd of July 2009. The inspections involved a detailed assessment of the study area, which was traversed on foot.

Native vegetation, where present, was mapped using handheld GPS (accuracy +2‐5m).

5.1.3 Flora Survey Limitations

Botanical surveys commonly fail to record all species present in a study area. Survey time constraints, the relative obscurity of some species except during flowering, the lack of identification characters except during flowering/fruiting for some lilies, orchids and grasses, and intermittent flowering events can result in species being missed in short studies. Some rare and threatened orchid species only flower every four years, and when not in flower they are very inconspicuous.

Effect of grazing pressure

The study site was highly grazed by horses during both assessments, reducing the vegetation to near ground level in all areas. Although the majority of the study site is clearly dominated by weeds, areas of remnant grassy wetland occur in the northern and southern portions of the site. The level of grazing throughout this area made identification of species and accurate determination of the cover and diversity of flora species difficult. It is likely that grazing pressure has prevented the recruitment of herbs and graminoids. No conclusive judgments of the quality and extent of native vegetation in this area could be made due to the effects of grazing pressure. It is likely that a survey conducted after sufficient time has elapsed since the removal of grazing pressure, at a seasonally appropriate time would record a much higher diversity and cover of common and possibly rare native flora species.


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5.2 Flora results

5.2.1 Species observed

A total of 95 vascular plant species were recorded in the study area. Of these, 36 are indigenous species and 59 exotic or non‐indigenous native species.

A list of vascular plants recorded is provided in Appendix 3.

Rare and threatened flora species observed

No flora species of conservation significance were noted within the study site.

It is considered unlikely that any flora species of conservation significance occur within the majority of the study site due to the apparent history of disturbance and modification to the vegetation.

It is considered possible that species of conservation significance could occur within the grassy wetland area but were unable to be detected due to the high grazing pressure.

An analysis of the likelihood of occurrence of rare and threatened species recorded within the FIS 10km search is provided in Table 1.

5.2.2 Ecological Vegetation Classes in the Study Area

Current EVC mapping produced by the Department of Sustainability and Environment (DSE 2003a) was queried to help determine the EVC’s present and those that might have been present prior to European land use changes.

DSE mapping of EVCs

Pre‐1750 EVC mapping indicates that the entire study site was once covered by Plains Grassy Woodland. However pre‐1750 mapping is an over simplification of what would have been a fine grained riparian vegetation mosaic.

According to recent state‐wide EVC mapping (DS‐+E 2003a) the entire study site is absent of vegetation attributable to an EVC.

Plains Grassy Wetland

Assessment of the study site revealed two extant patches of vegetation attributable to Plains Grassy Wetlands EVC 125 occurring in the northern region of the site. This EVC is listed as endangered within the bioregion. These patches were dominated by indigenous ephemeral graminoids, held a pool of water(<50mm) and were presumed intact, however further analysis of the vegetation under appropriate conditions (relief from grazing pressure for an adequate period), at a seasonally appropriate time which would allow all indigenous vegetation to be revealed, is necessary for determination of whether these areas can be classed as ‘intact’.

Stream Bank Shrubland

Assessment of the study site revealed one extant patch of vegetation attributable to Stream Bank Shrubland EVC 851 in the southern region. This EVC is listed as endangered in the bioregion. The vegetation was also subject to heavy grazing pressure, dominated by Water Reed Phragmites australis, exotic herbs and grasses being the other major constituents.


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Further floristic surveyance during a seasonally appropriate time and post a ‘grazing free’ recovery period is necessary to determine the true quality of intact vegetation patches attributable to plains Grassy Wetland EVC 125 and Stream Bank Shrubland EVC 851.

Vegetation types are discussed in detail in sections 5.2.3 and 5.4.1.

5.2.3 Present-day vegetation types

The study area was found to support five vegetation types, being;:

• Pasture dominated by weedy exotic pasture grasses, exotic herbs and scattered indigenous species.

• Perched Indigenous grassy wetlands amongst exotic pasture.

• Water Reed dominated riparian vegetation.

• Installed swale hosting planted ephemeral and aquatic indigenous vegetation.

• Deep water indigenous aquatic herb zone.

These vegetation types are described in more detail below.

Pasture dominated by weedy exotic pasture grasses, exotic herbs and scattered indigenous species

The majority of the study site has been cleared of native vegetation and is dominated by pasture grasses and weedy exotic herbs including Perrenial Rye Grass *Lolium perinne, Onion Grass *Romulea roseum, Plantain *Plantago coronopus, Cape Weed *Arctotheca calendula, Strawberry clover *Trifolium fragirerum, Spear thistle *Cirsium vulgare, Barley Grass *Hordeum leporinum, Sow Thistle *Sonchus oleraceus and Cats’ Ears *Hypochoeris radicata. Many Hawthorn *Crataegus monogyna specimens occur on periphery of this vegetation adjacent to/and amongst the Water Reed dominated riparian vegetation. This vegetation type is highly grazed as the paddock contained domestic ponies Equus spp. at the time of the surveys. Throughout areas dominated by pasture indigenous species are restricted to scattered individuals of common colonising grasses and herbs such as Wallaby Grass, Austrodanthonia spp., and Wood Sorrel Oxalis perennans. Amongst this pasture occurs two patches of perched indigenous grassy wetland in the north of the study site. Topography of the land causes water to pool in these areas which are natural shallow depressions occurring on the lower, flat region of the ephemeral flood plain contiguous to the water course. This vegetation type also gradually transcends into water reed dominated riparian vegetation in the southern region of the study site labeled zone 3 for the purposes of this report.

Perched indigenous grassy wetlands amongst exotic pasture

Two areas of plains grassy wetland occur amongst pasture dominated by exotic species. These wetlands are perched in natural shallow depression on the lower, flat regions of the creek terraces contiguous to, and either side of the Murrambeet creek, in the northern sector of the study site. These wetlands are dominated by Blowngrass Lachnagrostis sp and Veined Swamp Wallaby Grass Amphibromus nervosus. Dominant species are accompanied by sparse and sporadic occurrences of Small Loosestrife Lythrum hyssopifolia, Spike Rush Eleocharis sp, Matted Lobelia Lobelia pedunculata Amphibious Water Milfoil Myriophyllum simulans and small patches of exotic grasses. These wetlands contained small areas of standing water at the time of assessment. The vegetation in the wetland, labeled zone 1 for the purposes of this report, was highly grazed at the time of survey and both Amphibromus sp. and Lachnagrostis sp were only identifiable to the genus level. Both wetlands are likely to have been grazed for many years. Grazing is likely to have removed grazing sensitive species from the system and simplified the floristic complexity of the vegetation. It is reasonable to


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assume that the wetland would support additional common and possibly rare flora species during wetter years and in the absence of grazing pressure.

Water Reed dominated riparian vegetation

The Burrumbeet Creek parallels the eastern and part of the southern property boundary of the study site. Water Reed dominated riparian vegetation lines much of the creek margins and occupies a large reed bed in the south of the study site . The creek banks and shallow margins are dominated by dense stands of Common Reed, Phragmites australis and small patches of Marsh Club Rush, Bolboschoenus medianus. A number of aquatic weeds are scattered along the creekline including Watercress, *Nasturtium officinale, Water Starwort, *Callitriche stagnalis, Water Buttons Cotula coronopifolia and Celery‐leaf Buttercup, *Ranunculus sceleratus. The creekline and ephemeral zone to the south are likely to have once supported a low density of scattered trees and shrubs however all have been expunged due to high grazing pressure. Creek banks are largely infested with exotic herbs and graminoids where the Water Reed Phragmites australis is absent with the occasional Tall Sedge Carex appressa. Willows *Salix sp., Gorse *Ulex europaeus and Hawthorn *Crataegus monogyna dot the upper area of the banks and peripheries of the low‐lying floodplain terrace.

These areas, as well as extensive Water Reed *Phragmites australis reed beds to the south of the site, also appear to be affected by grazing pressure.

Deep water indigenous aquatic herb zone

Deep water portions of the Burrumbeet creek support a few indigenous species, predominantly the aquatic herb Blunt Pondweed, Potamogeton ochreatus and Ribbon Weed Triglochin procerum along with occurrences of Bull Rush Typha sp., Duckweed Lemna disperma also recorded in low numbers floating on the surface. Upon the second survey Blunt Pondweed, Potamogeton ochreatus was not visible due to the highly turbid state of the creek water.

Installed swale hosting planted ephemeral and aquatic indigenous vegetation.

A swale has been installed transecting the south of the site formed by the heaping of basaltic rock. The channel of this swale has been topped with podsol and planted with ephemeral and aquatic species. The aquatic zone of the swale is best described a shallow marsh which is dominated by indigenous aquatic species being; Spike Rush Eleocharis acuta, Curling Water Milfoil Myriophyllum crispatum, and Swamp Stonecrop Crassula helmsii. The ephemeral zone of the Swale was lined with Poverty Rush *Juncus tenuis, Austral Rush Juncus australis, Plains Rush Juncus semisolidus, Finger Rush Juncus subsecundus and numerous exotic herbs and grasses. Higher on the swale bank is lined with planted River Bottle‐Brush Callistemon sieberi. Specimens observed growing in the swale, especially the aquatic species, appeared to be exerting phenotypes indicative of high nutrient conditions indicating that the source of the flow may be the treatment plant upstream.


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5.2.4 Habitat suitability for flora species of conservation significance

This section provides information on the suitability of habitats observed within the study area for flora species of national and state conservation significance previously recorded within 10km of the study area or predicted to occur within the study area.

NAME COMMON NAME

VROTS

FFG

EPBC

Preferred Habitat

Likelihood of Occurring Within the Study Site

Acacia nano‐dealbata

Dwarf Silver Wattle

r Forests, often in high rainfall areas

Within the region this species is only known from around Creswick on a different bioregion. No suitable habitat occurs within the study site. Unlikely

Amphibromus sinuatus

Wavy Swamp Wallaby‐grass

v Permanent Swamps in cool, sometimes elevated sites (Walsh & Entwisle 1994)

Wetlands within the study site represent potential habitat for this species. Further survey in the absence of grazing would be required to determine if this species occurs. Potential

Bossiaea cordigera Wiry Bossiaea r Heathlands, dry forests

No suitable habitat occurs within the study site and this species would not occur Unlikely

Caladenia australis Southern Spider‐orchid

k Dry woodlands and valley slopes

No suitable habitat occurs within the study site and this species would not occur. Unlikely

Carex chlorantha Green‐top Sedge k Poorly drained, wet sites on sandstone substrates

No suitable habitat occurs within the study site and this species would not occur. Unlikely

Comesperma polygaloides

Small Milkwort v L Grasslands and grassy woodlands

This species is highly grazing sensitive and is unlikely to have persisted on site due to the apparent history of high grazing. Unlikely

Dianella amoena Matted Flax‐lily e E Grasslands and grassy woodlands

Although considered unlikely to occur due to the modified condition of potential habitats, the possibility of its occurrence cannot be dismissed without a more thorough targeted survey in the absence of grazing pressure. Potential

Discaria pubescens Australian Anchor Plant

r L Basaltic substrate near streams (Walsh &Entwisle 1999)

This species is unlikely to occur due to the highly modified state of the study site. Unlikely


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Diuris behrii Golden

Cowslips v Grasslands and

grassy woodlands

This species is unlikely to have persisted on site due to the highly modified condition of potential habitats. Unlikely

Eucalyptus brookeriana

Brookerʹs Gum r No individuals of this species were observed and are unlikely to have been overlooked. Unlikely

Eucalyptus yarraensis

Yarra Gum r Floodplains and creeklines

No individuals of this species were observed and are unlikely to have been overlooked. Unlikely

Euphrasia collina subsp. speciosa

Purple Eyebright

x Unknown Apparently extinct in Victoria (Walsh and Entwisle 1999). Unlikely

Lachnagrostis filiformis var. 2

Wetland Blown‐grass

k Wetlands Grassy wetlands within the study site represent suitable habitat for this species. Lachnagrostis species were observed on site. The possibility of this species occurring within the study site could not be dismissed without a more thorough survey in the absence of high grazing pressure. Potential

Lemna trisulca Ivy‐leaf Duckweed

k Deep water sections of wetlands

This species is tiny and could possibly have been overlooked. All Duckweed observed during the survey was identified as Lemna disperma. The possibility of this species occurring cannot be dismissed without a more thorough survey. Potential during wet periods

Lepidium pseudohyssopifolium

Native Peppercress

k Terraces and water banks on alluvial soils

Although considered unlikely to occur due to the modified condition of potential habitats, the possibility of its occurrence cannot be dismissed without a more thorough survey in the absence of grazing pressure. Potential

Levenhookia sonderi Slender Stylewort

r Moss beds in heathy and grassy dry forests

No suitable habitat occurs within the study site and this species is unlikely to occur. Unlikely

Prasophyllum suaveolens

Fragrant Leek‐orchid

e L E Grasslands This species is unlikely to have persisted on site due to the highly modified condition of potential habitats. Unlikely

Table 1. The likelihood of occurrence of flora species of national and state conservation significance previously recorded within 10km of the study area.


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5.3 Vegetation assessments under the Native Vegetation Management Framework

The Native Vegetation Management Framework policy document (DNRE, 2002) and the Vegetation Quality Assessment Manual (DSE, 2004), Native Vegetation – Guide for assessment of referred planning permit applications (DSE, 2006a), Native Vegetation – Vegetation Gain Approach – Technical basis for calculating gains through improved native vegetation management and revegetation, (DSE, 2006b) and Native Vegetation – Revegetation Planting Standards ‐ Guidelines for establishing native vegetation for net gain accounting (DSE, 2006c) are finalised, publicly available documents covering regulatory and technical requirements of the Framework. The following assessments are based on these documents.

5.4 Types of vegetation assessable under the Framework There are three types of vegetation able to be assessed under the Native Vegetation Management Framework.

‘Intact’ native vegetation, a remnant patch, occurs where indigenous understorey species account for at least 25% of total understorey vegetation cover and less than 75% of understorey vegetation cover is exotic species or non‐indigenous native plants (regardless of the presence or absence of trees). ‘Intact’ native vegetation is assessed using the ‘Habitat Hectares’ methodology, a ten‐component scoring system that incorporates measurements of biodiversity, weediness, vegetation maturity, structural complexity, patch size, proximity to other vegetation etc.

A group of at least three locally indigenous trees without ‘intact’ understorey where tree canopy cover is 20% or greater is also treated as a patch of ‘intact’ native vegetation and assessed using the ‘Habitat Hectares’ methodology.

Scattered, locally indigenous trees without ‘intact’ understorey that have less than 20% canopy cover are assessed using the ‘scattered tree’ elements of the framework and Regional Native Vegetation Plan as appropriate. Diameter at breast height (dbh, measured using a diameter tape 1.3m from the ground) is a critical measurement, influencing the conservation status of the tree and used in classification as ‘young tree’, ‘medium‐old tree’, ‘large‐old tree’ or ‘very‐large old tree’.

Indigenous vegetation that is not a remnant patch, scattered tree or wetland, or is dominated by species not characteristic of the former vegetation type, is regarded as Degraded Treeless Vegetation and does not require vegetation quality assessment or a Bioregional Conservation Status assessment.

5.4.1 ‘Intact’ Habitat Hectare assessable vegetation

The study area was found to support three distinct areas of vegetation that support 25% or more cover of remnant indigenous understorey vegetation with less than 75% cover of exotic species. These areas have been assessed using the Habitat Hectare method against appropriate EVC classifications.

Figure 1 shows the Habitat Hectare assessed vegetation zones and Table 2 details the quality scores for each habitat zone.

The following paragraphs briefly detail the size, common species and areas of each assessed zone.


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Zone 1

Zone 1 consist of approximately 0.056 Ha of land in the northern portion of the study site, south of the Burambeet creek, that is most attributable to EVC 125 Plains Grassy Wetland, listed as endangered in the bioregion. The zone is dominated by Blowngrass Lachnagrostis sp. with a cover of approximately 40%, accompanied by Veined Swamp Wallaby Grass, Amphibromus nervosus with a cover of approximately 20%. A number of herbs and sedges are scattered throughout the zone at low densities including Small Loosestrife Lythrum hyssopifolium and Spike Rush Eleocharis sp. Weedcover is low and largely concentrated to the outer margins of the wetland bordering pasture.

Overall this zone has a habitat hectare quality score of 48/100, and has a total habitat hectare value of 0.03 HabHa. As the habitat quality score is more than 40/100 within an endangered EVC this zone is rated as ‘Very High’ conservation significance. This Zone would be likely to receive a higher score if assessed in the absence of grazing pressure.

Zone 2

Zone 2 consists of approximately 0.104 Ha of land to the north of the Burrumbeet creek and is very similar in floristic composition and cover to Zone 1. The vegetation of the zone is most attributable to EVC 125 Plains Grassy Wetland, listed as endangered in the bioregion. The zone is dominated by Veined Swamp Wallaby Grass Amphibromus nervosus with a cover of approximately 50%. A number of herbs are scattered throughout the zone at low densities including Amphibious Milfoil Myriophyllum simulans and Lesser Loosestrife Lythrum hyssopifolium. Weeds cover is low and largely concentrated around the outer margins of the wetland bordering pasture.

Overall this zone has a habitat hectare quality score of 29/100, and has a total habitat hectare value of 0.03 HabHa. As the habitat quality score is less than 40/100 within an endangered EVC this zone is rated as ‘High’ conservation significance. This Zone would be likely to receive a higher score if assessed in the absence of grazing pressure.

Zone 3

Zone 3 consists of approximately 0.838 Ha of land along the Burrumbeet Creek and continues to the south and east beyond the study area. This zone also occurs as scattered small patches along the Creekline amongst exotic flora at a scale too small and discontinuous to map.

Vegetation of this zone is dominated by dense Common Reed Phragmites australis which accounted for approximately 60% of the vegetation cover. Small occurrences of Marsh Club Rush Bolboschoenus medianus, Austral Rush Juncus australis, Hollow Rush Juncus amabilis and Spike Rush Eleocharis sp. were also recorded. Vegetation in this zone is most attributable to EVC 851 Stream Bank Shrubland, this EVC is listed as endangered in the bioregion. This EVC is highly variable in form, somewhat akin to a mosaic vegetation type of open sedge‐land, a canopy of tall shrubs to eight meters, sparse Eucalyptus spp. may be present with a benchmark density of ten per hectare. Although the vegetation was highly impacted by grazing, and all woody vegetation previously removed the authors found the vegetation in this zone attributable to EVC 851 due to the composition of vegetation observed, geography of the site and their intimate ecological knowledge of the region. A Weed cover of approximately 50% was observed, primarily consisting of Spiny Rush *Juncus acutus, Spear Thistle *Cirsium vulgare, Yorkshire Fog *Holcus lanatus and Wild Oat *Avena fatua. Litter in this zone is for the most part comprised of dead Water Reed Phragmites australis which constitutes 70‐80% cover.

Overall this zone has a habitat hectare quality score of 14/100, and has a total habitat hectare value of 0.12 HabHa. As the habitat quality score is under 40/100 within an endangered EVC this zone is rated as ‘High’ conservation significance.


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5.4.2 Scattered indigenous trees without ‘intact’ understorey observed

One locally indigenous Swamp Gum Eucalyptus ovata tree was observed in an area where there is no ‘intact’ native understorey. The authors believe vegetation in this zone pre‐1750 would have been most attributable to Stream Bank Shrubland EVC 851. Under the Stream Bank Shrubland benchmark for the Victorian Volcanic Plain, this tree meets the size requirement to be considered a ‘very‐large old’ (stem dbh 120cm+) tree.

This ‘old’ Eucalyptus tree observed on the land has a ‘High’ conservation significance under the Native Vegetation Management Framework as Stream Bank Shrubland is a vegetation type listed as ‘Endangered’ in the Victorian Volcanic Plain Bioregion (The Framework, Appendix 3, table 5). However the authors believe this tree to be of ‘Very High’ conservation significance due to it’s high habitat quality. This tree has numerous hollows, fissure, cracks and is a rarity in the local vicinity.

Should clearance of this ‘Very Large Old Tree’, of ‘Very High’ conservation significance be considered unavoidable and deemed necessary, and this action is approved by the Regulatory Authority in the Glenelg‐Hopkins CMA Region, offsets outlined in tables 3a and 3b below may apply.

A number of planted native non‐indigenous Blue Gum Eucalyptus globulus trees were observed along the eastern side of the Burumbeet Creek. These trees are not assessable under the Native Vegetation Management Framework.

5.4.3 Non-assessable indigenous vegetation observed

A number of scattered colonising indigenous grasses and herbs occur throughout areas of exotic pasture. These areas appear to be non assessable as ‘intact’ native vegetation as they are too small in area (2m2 – 10m2) or less than 25% of the vegetation cover is of indigenous species.


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Habitat Zone 1 2 3

EVC Name (and number)

Max Score

Plains Grassy Wetland (EVC 125)

Stream Bank Shrubland (EVC 851)

Large Old Trees 10 NA NA 0 Canopy Cover 5 NA NA 0 Understorey 25 10 5 5 Lack of Weeds 15 13 9 4 Recruitment 10 6 3 0 Organic Matter 5 5 3 3

Site Con

ditio

n

Logs 5 NA NA 0 Multiplier 1.36x – EVC 125 only 1.36x 46.24 27.20 12

Patch Size 10 1 1 1 Neighborhood 10 0 0 0

Land

scap

e value

Distance to Core 5 1 1 1 Habitat Quality Score 100 48 29 14 Habitat Score as above = #/100 0.## 0.48 0.29 0.14

Area (Ha) (#.##) 0.056 0.104 0.838 Total HabHa

Habitat Hectares present (#.##) 0.03 0.03 0.12 0.18 Bioregion Victorian Volcanic Plains

EVC Conservation Status Endangered Endangered Endangered

Conservation Status x Habitat Score Very High High High

Threatened Species Rating Low Low Low1

Other Site Attribute Rating Low Low Low

Conservation

Significance

Overall Conservation Significance Very High High High

1 – should a seasonably appropriate survey show that Growling Grass Frog persist in the Burrumbeet Creek system a threatened species rating of ‘High’ may apply.

Table 2. Habitat Hectare score and value and conservation significance of ‘intact’ vegetation assessed in the study area, Wyndholm Park, Miners Rest.

Offsets for ‘scattered’ trees – not within habitat zones

Should the clearance of any ‘scattered’ trees be considered unavoidable, deemed necessary and permitted the offsets detailed in Appendix 3, table 5 of ‘The Framework’ may be applicable (PPWCMA, 2006). Advice from DSE (Russell Costello, pers. comm. 10th August, 2006), indicates that ‘protection & recruitment’ offset (Table 3a) is the preferred option, but that a ‘recruitment only’ offset (table 3b) may be acceptable if sufficient tree protection offsets cannot be secured on site.

Should Clearance be Deemed Necessary and approved by the Regulatory Authority in the Glenelg- Hopkins CMA Region, the Following Offset May Apply.

Size of tree to proposed to be Protection offset (number of and recruitment offset (number of


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cleared same class to be protected for each ‘large‐old’ tree cleared)

indigenous plants to be planted for each ‘large‐old’ tree cleared)

‘Very Large‐old’ Tree 10 50

Table 3a. ‘Protect and recruit’ offsets for clearance of scattered trees of ‘High’ conservation significance.

Size of tree to proposed to be cleared

Recruitment only offset (number of indigenous plants to be planted for each ‘large‐old’ tree cleared)

‘Very Large‐old’ Tree 350

Table 3b. ‘Recruitment only’ offsets for clearance of scattered trees of ‘High’ conservation significance.

5.4.4 Implications of conservation significance under the Native Vegetation Management Framework

The Native Vegetation Management Framework specifies responses to proposals to clear and offset native vegetation of different conservation significance categories.

Regarding development boundaries, Catchment Management Authority generally recommend that a 30 metre wide vegetation zone be retained along catchment tributaries. When considering the extent of retained zones along tributaries, it is also necessary to consider other site specific factors including topography, locations of Indigenous vegetation, etcetera. The relevant Catchment Management Authority, being the Glenelg‐Hopkins CMA will need to be consulted regarding this matter.

It has been made known to Abzeco, by the client, that intentions for development of the study site include retention of vegetation along the Burrumbeet creek of a width greater than or equal to 30 metres. If this were to be the case, no indigenous vegetation assessed as intact by Abzeco for the purposes of this report, would be impacted upon. Therefore development of the study site would not incur any implied responses, as provided for by the Native Vegetation Management Framework.

5.5 Proposed vegetation clearances & offset requirements Under the current development design it is understood that ‘scattered’ indigenous trees and areas of ‘intact’ vegetation will not be cleared.

Should clearance be proposed an offset is likely to be required by the regulatory authorities. Some offsets may be achieved through the protection and enhancement of existing ‘intact’ vegetation on site. A limited amount of offsets may also be achieved via revegetation. The following section details some of the options which may be used for offsets on site.

5.6 Improving the ecological outlook of remnant vegetation on the site

The original vegetation of the subject land is likely to have consisted of a mosaic of grasslands, grassy woodlands, shrublands and seasonal shallow wetlands. The clearance and modification of these original vegetation types is likely to have reduced the habitat suitability of the site for native fauna. The restoration of vegetation mosaics along the creekline could provide habitat for foraging and dispersing frogs, birds, bats and arboreal mammals as well as increasing habitat connectivity across the landscape. This creekline corridor, from an ecological perspective, would be most effective if incorporated into the vegetation retention zone along the Burrumbeet Creek. Re‐


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establishment of an indigenous vegetation mosaic could, if undertaken to a high standard, substantially increase the creeks intrinsic value as a habitat corridor for indigenous fauna.

Remnant grassy wetlands within the site were highly grazed at the time of the assessment. Such grazing pressure is likely to be continuously depleting the remaining flora species, and reducing the vegetation resource for native fauna. The easing of grazing pressure from wetland areas to allow native flora species to recover would be likely reveal and increase flora species diversity and the suitability of the site for native fauna. However total removal of grazing pressure could possibly allow the proliferation of high threat weed species present thorough the site and lead to an overall decline in the integrity of indigenous vegetation, a stock exclusion fence and a weed management program, is likely to be required to prevent weeds flourishing.

The restoration of terrestrial habitat by placement of logs, tiles, pavers and/or rocks along the Creekline and fringes of wetland areas would provide habitat for native amphibians.


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6 Fauna Fauna assessment of the study area consisted of an on‐foot field assessment of habitat quality and evidence of animal presence with an assessment of the likelihood of occurrence within the study area of fauna species that have been recorded locally. No detailed zoological survey was undertaken for this study.

6.1 Pre-existing information search The DSE held Atlas of Victorian Wildlife (AVW) database was queried for threatened fauna records within a 10km radius of the centre‐point of the study area. Species of conservation significance reported from this query are listed in Appendix 4.

The Environment Protection and Biodiversity Act (1999) (the EPBC Act) Protected Matters Search Tool on the Commonwealth Department of Environment and Heritage website was queried to determine if any protected fauna related matters not reported in the AVW query were likely to occur within the study area. Species identified in the EPBC query are presented in Appendix 5.

6.2 Fauna assessment methods The brief fauna assessment was undertaken on the 6th of December 2007 and the 2nd of July 2009.

The following techniques were used to detect or infer the likelihood of fauna species inhabiting the site. These comprised:

• Opportunistic observation of scats, tracks and other signs of animal presence. • Incidental bird observation. • Habitat quality assessment.

No log or rock rolling, tin, pitfall or Elliott trapping was conducted during the fauna survey.

6.2.1 Fauna survey limitations and merits of a records & habitat assessment based approach

In this study fauna observations and habitat assessments were undertaken over two very short periods during the summer of 2007 and the winter of 2009. Due to the brevity of the surveys and the seasonal range not including autumn or spring it is likely that some cryptic, uncommon, migratory or transitory species that may utilise the area on occasion have not been recorded.

A records and habitat assessment based approach provides a convenient and effective method for ascertaining the likely value of a study area for indigenous fauna. The Atlas of Victorian Wildlife (AVW) provides an extensive listing of faunal records for the study area and surrounds. Based on the AVW data, references in ecological literature, the author’s professional experience, and communications with regional experts, an estimation of the likelihood that indigenous fauna species occur or do not occur regularly within the study site can validly be made.


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6.3 Fauna database query and field survey results

6.3.1 Results of AVW & EPBC queries

Thirty three species of threatened vertebrates are recorded from within the AVW database search area, an area within a 10km radius of the centre of the study area. A listing of all species of conservation significance recorded from within the search areas is provided in Appendix 4.

A search of the EPBC Act Protection Matters Search Tool for an area of 10km radius from the centre‐point of the study area was undertaken. Fauna matters identified in this query are listed in Appendix 5.

In addition to AVW data the EPBC Act Protected Matters Search Tool lists mammals, birds, frogs, reptiles and fishes as predicted to potentially occur or have suitable habitat potentially occurring within the local area.

6.3.2 Fauna field survey results

During the brief field survey a variety of common bird species were observed within the study site. One Brown Tree Frog Litoria ewingii was observed in vegetation by the creek and both the Common Froglet Crinia signifera and Banjo Frog Limnodynastes drummondii were heard calling from the creek line area.

No species currently listed as of conservation significance at the Commonwealth level was located during the brief field survey.

From conversations with land managers working for the client it appears that a pair of Wedge Tailed Eagles Aquila audax are regularly sighted within the property and could possibly be resident on adjacent land. It was also confirmed that low lying areas within the site support areas of open shallow water during wet periods. During this time a large number of birds forage and nest around the wetlands such as Australian Shell duck Adorna tadornoides, Wood Duck Chenonetta jubata and Masked Lapwing Vanellus miles.

A list of species recorded during the field survey is provided in Appendix 6.


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7 Faunal Habitat Assessment The quality and relative value of faunal habitat within the study area was determined by assessment against the criteria described below. Specific consideration of the suitability of available habitat for the requirements of significant species known or suspected to utilise the study area is provided in Section 8 of this report.

Habitat quality classification

Low: Habitat areas classed as of low quality are usually fragmented and have lost most structural elements, such as; tussock/hummock forming grasses or sedges, inter‐tussock spaces, logs/rocks, dead or senescent plants and low connectivity with higher quality patches. Such remnants are generally weed infested, have little or no natural regeneration and remaining indigenous species are under threat from invasive exotic species.

Moderate: Some structural elements have been lost, invasive species are not dominant over indigenous species but pose a significant threat. There is some connectivity with adjacent remnant habitat of equal or greater quality. The patch may provide suitable structure and flora species by fauna of conservation significance know to occur in the area.

High: Most structural elements are present, understorey species are healthy, most life forms are present, and weed invasion is low, with invasive species not posing a significant threat. The patch is part of a mosaic of contiguous remnant patches of moderate to high quality by variation in canopy cover, time since disturbance, aspect and soil type. The patch provides suitable structure and flora species for fauna of conservation significance know or likely to occur in the area.

7.1 Habitat types observed and assessment of quality

The study site has a number of natural and modified vegetation types that could possibly provide habitat for a range of common and possibly rare fauna species.

The study area was found to support four different habitat types: • Plains grassy wetlands • Exotic grassland with scattered indigenous species • Riparian vegetation along the Burrumbeet Creek • Remnant indigenous, planted non‐indigenous, and weedy exotic trees.

These habitat types are described and evaluated in more detail below.

Plains grassy wetlands

Low lying areas along the Burrumbeet creek, in the eastern portion of the study site appear to on occasion support open shallow water, during wetter periods. These areas are dominated by semi‐aquatic indigenous vegetation. The level of modification to the wetlands is difficult to determine. It is likely the fringes of the wetland once supported scattered trees with a diverse understorey supporting a variety of logs, tussocks, herbs and litter. Considering the low number of flora species present, it is reasonable to assume that the floristic diversity of the wetland has been highly simplified through agricultural use. The wetland is surrounded by pasture dominated paddocks and has limited connectivity with other areas of habitat. Although the wetlands and surrounding environment are modified from their ‘pre‐1750’ state, they are of moderate quality for this endangered vegetation type. The current land managers have observed large numbers of native water birds nesting and foraging around the wetland areas during wetter periods. If grazing


28

pressure was removed from wetlands, via installation of fences for the purpose of stock exclusion, it is considered likely, post recovery, the vegetation structure revealed would be suitable for threatened bird species such as the Latham’s Snipe. Currently it is likely that a number of common frog species frequent and breed around the wetlands. Grassy wetlands within the study site are considered to be of moderate faunal habitat value.

Exotic grassland with scattered indigenous species

The majority of the study site has been cleared of the original vegetation and is dominated by exotic pasture grasses and weeds. These areas have some limited foraging value for native birds but are highly simplified from the ‘natural’ state. Areas dominated by exotic pasture grasses and weeds lack appropriate vegetation structure and are floristically low in diversity. Many of these areas appear to have been ploughed and sown to exotic pasture. Disturbance associated with ploughing activities is likely to have led to local extinctions of some fauna species and has significantly reduced habitat suitability. The modification of the environment is likely to have favored introduced invertebrate and vertebrate fauna that would directly compete with indigenous species. Areas dominated by exotic pasture are considered to be of low habitat value.

Riparian vegetation along the Burrumbeet Creek

The Burrumbeet Creek is likely to provide habitat for a range of common and possibly rare birds, frogs, invertebrates, small mammals and fish. The creek is dominated by dense stands of Water Reed Phragmites australis and Bullrush Typha sp. this vegetation provides low quality nesting, foraging and refugia for a variety of fauna. The creek supports a variety of habitat compositions such as faster flowing channels, shallow pools and still, deep ponds. All of which support some cover of aquatic flora species. The creek terraces are dominated by scattered sparse swards of exotic grasses and a number of scattered exotic shrubs occur along the creek banks. This is likely to limit the habitat suitability for some fauna species.

Considering that a sewage treatment plant appears to discharge effluent into the creek immediately upstream of the study site, it is possible that the water is high in dissolved nutrients. This could possibly be decreasing plant diversity through the proliferation of large reeds and rushes, crowding areas available for smaller herbs and sedges. High levels of dissolved nutrients are also likely to make the area unsuitable for many macro‐invertebrate species, limiting faunal diversity. However, no water quality assessments were undertaken during this survey. The input of water from the treatment plant in addition to stormwater runoff is likely to have converted the creek from an ephemeral waterway to a perennial stream. The increase in water levels is likely to have modified relevant vegetation in structure and composition. The creekline is likely to be utilised as a habitat corridor for a range of fauna species and is considered to be overall of low to moderate faunal habitat value.

Remnant indigenous, planted non-indigenous, and weedy exotic trees.

A large number of non‐indigenous native Blue Gums Eucalyptus globulus have been planted along the eastern boundary of the site. These are likely to provide lower quality cover and refugia for some indigenous fauna and as such are considered to be of low to medium faunal habitat value.


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8 Habitat suitability for rare and threatened fauna The Atlas of Victorian Wildlife (AVW) database provides an extensive listing of threatened faunal records for the study area and surrounds. Based on these records, references in current ecological literature and the author’s professional experience consideration of the likelihood that species of conservation significance could reasonably be expected to occur or not occur within the study area is made below.

Thirty three vertebrate species of conservation significance are recorded in the local area query of AVW records. A complete list of these species is presented in Appendix 4.

In addition to the AVW database records, the Department of Environment and Heritage (DEH) EPBC Act Protected Matters Search Tool2 lists further fauna species that have been recorded as potentially occurring, or habitat suitable to support the species may occur within the study area. Results from this query are presented in Appendix 5.

Habitat assessment for threatened fauna under Native Vegetation Management Framework

In order to determine the conservation significance of the vegetation patch under the Victorian Native Vegetation Management Framework a habitat quality & suitability assessment for threatened fauna species is required.

The habitat quality & suitability assessment decision guidelines set out in Table 2 on page 13 of DSE (2006a) require a high level of knowledge about species abundance/rarity, populations across the bioregion, specific habitat requirements of each threatened species etc. Knowledge of these matters does not exist for many threatened species, and in many cases assumptions must be made about species presence or absence, the distribution of populations in the bioregion, habitat requirements of the species etc. In many cases the decision pathway required in the table requires a determination if the vegetation is of “above‐average condition and landscape context”. The habitat hectare score of the patches has been compared with the ‘Default habitat scores’ for the vegetation type (Table 1, DSE 2006a) to inform this judgment.

In the following sections a precautionary approach has been taken where insufficient knowledge is available, assumptions have been made about species residence and the bioregional importance of populations (or assumed populations) in the affirmative.

8.1 Mammals Two mammal species of conservation significance are recorded in Atlas of Victorian Wildlife (AVW) records within the 10km database search area. The possibility of these species utilising habitats within the study site is discussed below.

The Atlas of Victorian Wildlife contains one record from 1947 for Fat‐tailed Dunnart from the search area. The Fat‐tailed Dunnart is listed as rare in Victoria. Fat‐tailed Dunnarts prefer to inhabit areas of open grassy vegetation that are periodically burnt to create a mosaic of suitable habitats (Menkhorst 1996). The species requires a mosaic of vegetation at various ages created through the regular and systematic use of fire or grazing to manage vegetation. Dunnart species are found in grazed pasture as long as suitable cover and open grassy areas are present (Menkhorst 1996). Considering all suitable habitats within the study site and surrounding area have been highly

2 http://www.deh.gov.au/erin/ert/epbc/index.html


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modified, there is very limited cover (fallen branches, broken fence posts, rock etc) and the time since the species was last recorded, it is unlikely Fat‐tailed Dunnarts would persist within the study site.

The Atlas of Victorian Wildlife has 2 records from 1990 and 1991 for Brush‐tailed Phascogale’s from the search area. The Brush‐tailed Phascogale is listed under the Flora and Fauna Guarantee Act 1988 as vulnerable in Victoria (DSE 2004c). This sub species has an extensive but patchy distribution along the southern and eastern coast of Australia extending well inland from central Queensland to South Australia but is not found in Tasmania. This species occurs in a wide range of dry sclerophyll forests and woodlands habitat types from the coastline to snowline with a preference for open woodlands with a sparse understorey. The Brush‐tailed Phascogale has suffered severe population decline throughout its range and populations are now highly disjunct due to land clearing, predation by and competition with exotic predators such as the Fox and feral Cat. This species requires access to hollows. The study site supports no areas of habitat suitable to support this species. These records are from woodland occurring approximately 5 kilometres to the south and 10 kilometres to the south‐east of the study site. The Brush‐tailed Phascogale would not be reliant upon habitats within the study site.

EPBC Act ‘protected matters’ database search results

The EPBC Act Protected Matters Search Tool lists three mammal species, not recorded in the AVW database, as potentially occurring or having suitable habitat within 10km of the study area. Two of these species, the Smoky Mouse or Spot‐tailed Quoll, would not occur within the study site or surrounding lands due to the absence of suitable habitat. These species shall therefore not be discussed further. The remaining species is discussed in detail below.

The Grey‐headed Flying‐fox Pteropus poliocephalus is considered vulnerable in Victoria, listed under the Flora and Fauna Guarantee Act 1988 and listed as vulnerable under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (DSE 2005b). This sub species has an extensive but patchy distribution along the eastern coast of Australia from Rockhampton to Melbourne and extending inland from central Queensland through NSW and Victoria. Until establishing a permanent colony in the Royal Botanic Gardens, Melbourne in 1980 this species was considered a seasonal migrant to eastern Victoria. Due to conflicts of interest the colony was moved on from the Botanic Gardens and now resides along the Yarra River in Fairfield / Kew. The study site supports no suitable habitat for this species. It is possible that individuals utilise the single old Swamp Gum Eucalyptus ovata while dispersing through he landscape, however due to no known populations residing locally, and the study site not occurring in a dispersal path, it is unlikely that the Grey‐headed Flying‐fox is reliant upon the study site.

8.2 Birds Twenty nine species of birds of conservation significance are recorded in the Atlas of Victorian Wildlife (AVW) records within the 10km database search area. These species are discussed below.

The Atlas of Victorian Wildlife has one record from 1991 of a Whiskered Tern Chlidonias hybridus from the search area. The Whiskered Tern is considered rare in Victoria (DSE 2005). This species is found in a wide range of freshwater and brackish wetland types, including both natural and constructed sites. The species is known to utilise freshwater wetlands in agricultural lands similar to those areas observed in the study site. This species would possibly forage in the study site when the wetland areas are inundated and would be likely to occur regularly in the adjacent sewage farm wetlands.


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The Atlas of Victorian Wildlife has six records from 1988 to 2001 of Pied Cormorant Phalacrocorax varius from the search area. Pied Cormorant is considered rare in Victoria (DSE 2005). This species is known to utilise a wide range of permanent and semi‐permanent coastal and inland habitats. It is reasonable to assume that this species may forage regularly in the nearby sewage farm. This species is unlikely to regularly utilise or rely upon the study site.

The Atlas of Victorian Wildlife has three records from 1999 to 2002 of Freckled Duck Stictonetta naevosa from the search area. The Freckled Duck is considered endangered in Victoria and is listed under the Flora and Fauna Guarantee Act 1988 (DSE 2005). The Freckled Duck is found throughout shallow, productive wetlands of south‐east and south‐western Australia, preferring densely vegetated swamps and creeks during the breeding season. Most birds breed further north and disperse towards coastal habitats during inland droughts (Marchant & Higgins 1990). This species may occasionally forage in the site during wetter periods but it unlikely to regularly occur or rely upon the study site.

The Atlas of Victorian Wildlife has 35 records from 1958 to 2002 of Australasian Shoveler Anas rhynchotis from the search area. The Australasian Shoveler is considered vulnerable in Victoria (DSE 2005). This species is a distinctive duck with a large bill used for filter feeding. The Australian Shoveler is a semi‐nocturnal feeder, often working areas in a tight flock. They are extremely wary, flying off steeply at speed with a distinctive whirring of the wings. The species is know to utilise a range of wetland habitats but is most often sighted in large permanent lakes and swamps with high covers of Melaleuca and Cumbungi (Morcombe 2000). This species may occasionally forage in the site during wetter periods but it unlikely to regularly occur or rely upon the study site.

The Atlas of Victorian Wildlife has 35 records from 1951 to 2003 of Blue‐billed Duck Oxyura australis from the search area. The Blue‐billed Duck is considered endangered in Victoria and is listed under the Flora and Fauna Guarantee Act 1988 (DSE 2005). This species prefers deep water in large, permanent wetlands (Marchant & Higgins 1990). It is reasonable to assume that the Blue‐billed Duck may utilise the nearby sewage farms but is unlikely to occur in the study site.

The Atlas of Victorian Wildlife has 62 records from 1957 to 2003 of Hardhead Aythya australis from the search area. The Hardhead is considered vulnerable in Victoria (DSE 2005). This species feeds by deep diving and has a steep take‐off with rapid wingbeats. The Hardhead prefers large deep lakes and wetlands with abundant vegetation. Ephemeral wetlands in the study site are not suitable for this species.

The Atlas of Victorian Wildlife has 78 records from 1955 to 2003 of Musk Duck Biziura lobata from the search area. The Musk Duck is considered vulnerable in Victoria (DSE 2005). This species Duck is almost entirely aquatic, preferring deep water of large permanent swamps, lakes and estuaries. Ephemeral wetlands in the study site are not suitable for this species.

The Atlas of Victorian Wildlife has one record from 1991 of a Common Sandpiper Actitis hypoleucos from the search area. The Common Sandpiper is considered vulnerable in Victoria (DSE 2005) and is listed under the JAMBA and CMABA international migratory bird treaties. This species is found in a wide range of coastal or inland wetland types, including both natural and constructed sites, preferring muddy or rocky margins (Higgins & Davies 1996). The species is known to utilise freshwater wetlands in agricultural lands similar to those areas observed in the study site. This species could possibly forage in the study site when the wetland areas are inundated and would be likely to occur regularly in the adjacent sewage farm wetlands.

The Atlas of Victorian Wildlife has one record from 1996 of a Magpie Goose Anseranas semipalmata from the search area. The Magpie Goose is considered vulnerable in Victoria (DSE 2005) and is


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listed under the Flora and Fauna Guarantee Act 1988. This species is found in a wide range of terrestrial waterbodies and seasonally wet grassland. The Magpie Goose uses ephemeral wetlands and pasture during wetter periods, relying on permanent waterbodies at other times (Marchant & Higgins 1990). The species is known to utilise freshwater wetlands in agricultural lands similar to those areas observed in the study site. This Magpie Goose population is currently recovering in Victoria following a reintroduction program with individuals from northern Australia. It is likely that, in time, this species may forage on occasion in the study site when the wetland areas are inundated and, in time, will be likely to occur regularly in the adjacent sewage farm wetlands.

The Atlas of Victorian Wildlife has sixteen records from 1997 to 2003 of Great Egret Ardea alba from the search area. The Great Egret is considered vulnerable in Victoria (DSE 2005) and is listed under the Flora and Fauna Guarantee Act 1988 and under the JAMBA and CMABA international migratory bird treaties. The species is known to frequent wetlands, flooded pastures, dams, estuarine mudflats, mangroves and reefs (Marchant & Higgins 1990). The Great Egret is more abundant in northern areas and considered common outside Victoria. This species could possibly forage in the site during wetter periods.

The Atlas of Victorian Wildlife has sixteen records from 1997 to 2003 of Royal Spoonbill Platalea regia from the search area. The Royal Spoonbill is considered vulnerable in Victoria (DSE 2005). The Royal Spoonbill is known to utilise a wide range of freshwater and saline, coastal and inland aquatic habitats, with open water or vegetated, in estuaries, mangroves, swamps, lakes, rivers, floodplains and billabongs. This species could possibly forage in the site during wetter periods.

The Atlas of Victorian Wildlife has ten records from 1999 to 2001 of Baillon’s Crake Porzana pusilla from the search area. Baillon’s Crake is considered vulnerable in Victoria (DSE 2005) and is listed under the Flora and Fauna Guarantee Act 1988. This species prefers densely vegetated perennial and ephemeral wetlands, tolerating fresh to saline waters. Drainage and destruction of wetlands has reduced available habitat (Marchant & Higgins 1993). Baillon’s Crake could possibly utilise wetlands in the site during wetter periods.

The Atlas of Victorian Wildlife has eight records from 1975 to 2000 of Little Bittern Ixobrychus minutus from the search area. Little Bittern is considered endangered in Victoria (DSE 2005) and is listed under the Flora and Fauna Guarantee Act 1988. This species is known to frequent terrestrial freshwater wetlands with dense emergent vegetation and is common in the Murray Darling Basin where it is known to breed (Garnett & Crowley 2000). Little Bittern are likely to utilise wetlands in the site during wetter periods.

The Atlas of Victorian Wildlife has four records from 1980 to 2000 of Nankeen Night Heron Nycticorax caledonicus from the study area. The Nankeen Night Heron is considered near rare in Victoria (DSE 2005). This species is nocturnal, feeding in swampy areas and flooded or damp grassy areas near dense treed vegetation. Nankeen Night Heron roost during the day in dense treed vegetation (Morcombe 2000). This species may on occasion utilise trees in the study site for roosting and may forage in wetlands during wetter periods.

The Atlas of Victorian Wildlife has one record from 1985 of a Hooded Robin from the search area. The Hooded Robin is considered near threatened in Victoria (DSE 2005) and is listed under the Flora and Fauna Guarantee Act 1988. This species is found in large areas of eucalypt woodland and Mallee and Acacia shrubland (Garnett & Crowley 2000). Although it is possible that this species may occasionally pass through the study site whilst dispersing to areas of more suitable habitat, the Hooded Robin would not regularly utilise or rely upon the study site.

The Atlas of Victorian Wildlife has two records from 2001 of a Grey Goshawk from the search area. The Grey Goshawk is considered vulnerable in Victoria (DSE 2004b). The Grey Goshawk is


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known to inhabit coastal forests and woodlands with large bird populations (Morcombe 2000). The species prefers woodland and forest habitats but may occasionally forage in adjacent open areas. It is likely that this species occasionally forages within the study site but the Grey Goshawk would not nest, regularly utilise or rely upon the study site.

The Atlas of Victorian Wildlife has eleven records ranging 1978 to 2001 for Latham’s Snipe Gallinago hardwickii from the search area. Latham’s Snipe is considered near threatened in Victoria (DSE 2004b) and is listed under the China Australia Migratory Bird Agreement (CAMBA) and the Japan Australia Migratory Bird Agreement (JAMBA), and is therefore protected under the Commonwealth Environment Protection and Biodiversity Conservation Act (EPBC Act). This species is migratory between Australia the Northern Hemisphere. Latham’s Snipe are found in low vegetation in and around freshwater and brackish wetlands (Garnett & Crowley 2000), preferring to use the dense cover of sedges, reeds and heaths (Morcombe 2000). The grassy wetlands within the study site represent suitable habitat for this species. The habitat suitability of these wetlands would vary depending on grazing pressure. High intensity grazing is likely to reduce vegetation cover and the likelihood of Latham’s Snipe utilising these areas. Under suitable conditions it is likely that Latham’s Snipe would occasionally inhabit grassy wetlands within the study site for several months of the year. Development within close proximity to the wetlands is likely to deter Latham Snipe from utilising these areas.

The Atlas of Victorian Wildlife has four records ranging from 1974 to 1994 for Lewinʹs Rail from within the search area. Lewinʹs Rail Rallus pectoralis is considered vulnerable in Victoria (DSE 2004b) and is listed under the Flora and Fauna Guarantee Act 1988. This species is found in swamps, lakes, tidal areas, lush wet pasture, paperbark and swamp woodlands (Morcombe 2000). The species prefers densely vegetated perennial wetlands but is occasionally found in ephemeral ones, including wet depressions (Marchant & Higgins 1993). Grassy wetlands within the study site are considered to represent marginal habitat for this species. These areas support no areas of dense vegetation cover and are not considered to be suitable habitat. Considering the lack of records for this species and low quality of habitats present it is unlikely that Lewin’s Rail regularly utilise the study site. This species is likely to occasionally forage along the drainage line in the patches of Common Reed but these areas are unlikely to represent significant habitat for this species due to the degraded state of habitats.

The Atlas of Victorian Wildlife has one record from 1996 of a Brolga Grus rubicunda from the search area. The Brolga is considered vulnerable in Victoria (DSE 2004b) and is listed under the Flora and Fauna Guarantee Act 1988. This species generally utilises different habitats during breeding and non‐breeding seasons (Marchant & Higgins 1993). During the breeding season (Jul‐Dec) the species prefers shallow freshwater marshes and has been recorded within freshwater meadows less than 0.3 m deep dominated by annual herbs, grasses, sedges and rushes. During the non‐breeding season flocks of Brolga congregate around deep water, perennial wetlands where ample foraging and roosting areas are available. Grassy wetlands within the study site are considered to be low quality breeding habitat for Brolgas. Ongoing impacts from grazing are likely to reduce the suitability of the study site as breeding habitat. Grazing has substantially impacted the diversity of key forage plants. The current land manager has not observed Brolgas utilising the site. Given the low quality habitat observed it is unlikely that Brolga would regularly utilise or rely upon the study area.

The Atlas of Victorian Wildlife has one record from 1985 of a Spotted Harrier Circus assimilis from the search area. The Spotted Harrier is considered near threatened in Victoria (DSE 2004b). This species is known to frequent open arid and semi arid grasslands open shrublands and woodlands and crops (Morcombe 2000). This species is most common in drier inland areas but is nomadic and distribution can be heavily influenced by the abundance of suitable prey species and would be


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considered an occasional visitor to the Ballarat area. Due to the low number of records for this species and the recorded distribution it is unlikely that this species would regularly utilise the study area.

The Atlas of Victorian Wildlife has two records from 2000 and 2001 for Azure Kingfisher Alcedo azurea from the search area. The Azure Kingfisher is considered rare in Victoria (DSE 2004b). This species prefers to frequent vegetation around wetlands, particularity freshwater rivers and creeks (Higgins 1999). The Azure Kingfisher commonly forages from overhanging branches, also utilising logs and snags in and around the edge of wetlands. The species rarely forages on the ground. Azure Kingfishers nest in small burrows excavated along creek and river banks. (Higgins 1999). It is likely that the Azure Kingfisher would occasionally forage along the Burrumbeet creek, but the scarcity of trees and ground logs limits the habitat suitability for this species. The possibility of the species being a breeding resident along the creekline cannot be ruled out without a more thorough survey.

The Atlas of Victorian Wildlife has five records ranging from 1999 to 2001 for Black‐eared Cuckoo Chrysococcyx osculans from the search area. The Black‐eared Cuckoo is considered rare in Victoria and is generally found north of the Divide. The preferred habitat is woodlands and shrublands where it forages on trees for insects. The Black‐eared Cuckoo is unlikely to regularly utilise the study area.

The Atlas of Victorian Wildlife has one record from 1896 for a Red‐tailed Black Cockatoo Calyptorhynchus banksi from the search area. The Red‐tailed Cockatoo is considered to be endangered in Victoria, is listed as endangered under the Environment Protection and Biodiversity Conservation Act and is listed under the Flora and Fauna Guarantee Act 1988 (DSE 2004b). This species was formerly more widespread throughout Victoria but has suffered a severe decline as a result of the clearance of its native habitat, chiefly Buloke Allocasuarina luehmannii woodlands. The species is now largely restricted to the far south‐west Victoria, except for rare vagrants. The Red‐tailed Cockatoo would not regularly utilise the study site.

The Atlas of Victorian Wildlife has four records from 1945 to 1980 for the Regent Honeyeater Xanthomyza phrygia from the search area. The Regent Honeyeater is considered critical in Victoria, is listed under the Flora and Fauna Guarantee Act 1988 and is listed as endangered under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (DSE 2005a). This species is typically found in dry eucalypt woodlands and are generally observed in association with box‐ironbark forests (Garnett & Crowley 2000). The species has a patchy and poorly understood distribution now mostly restricted to western slopes of the Great Dividing Range in south eastern Australia. Their primary food source is nectar, insects and lerp exudate. The decline of this species throughout its range is linked to the clearing of 75% of the most favourable habitat and an increase in abundance of more aggressive honeyeaters, particularly the Noisy Miner in remaining areas. It is possible that this species may occasionally feed on flowering Blue Gums, Eucalyptus globulus that have been planted throughout the study site. It is unlikely however that this species would regularly utilise or be reliant upon the study site.

The Atlas of Victorian Wildlife has two records from 1886 and 2001 for the Spotted Quail Thrush Cinclosoma punctatum anachoreta. This species is listed as rare within Victoria (DSE 2005). The Spotted Quail Thrush is commonly found in dry woodlands, preferring grassy slopes and hillcrests with areas of sufficient cover. The species nests on the ground and is highly susceptible to fox predation. The study site does not support suitable habitat for this species and the Spotted‐quail thrush would not occur.


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The Atlas of Victorian Wildlife has one record from 1999 for Powerful Owl Ninox strenua from the search area. The Powerful Owl is considered vulnerable in Victoria and is listed under the Flora and Fauna Guarantee Act 1988 (DSE 2007). This species is known to utilise a wide range of subcoastal environments and slopes of the Great Dividing Range and adjacent inland slopes from south western Victoria through New South Wales to Bowen, Queensland. No suitable nesting or roosting habitat for this species occurs within or adjacent to the study site. It is possible that the species is resident within woodlands occurring approximately 5km to the east of the study site. The Powerful Owl is unlikely to regularly occur within the study area but may occasionally pass through the study site while dispersing.

The Atlas of Victorian Wildlife has two records from 1990 and 2000 of a Square‐tailed Kite Lophictinia isura from the search area. This species is considered vulnerable in Victoria (DSE 2004b) and is listed under the Flora and Fauna Guarantee Act 1988. In Victoria the Square‐tailed Kite is sparsely scattered through coastal and sub‐coastal woodlands and forests. The species is migratory throughout its range and is considered a spring‐summer migrant to south‐eastern Australia (Marchant & Higgins, 1993). Considering the low number of records for this species it is unlikely that that the Square‐tailed Kite regularly utilise the study site.

The Atlas of Victorian Wildlife has two records from 1954 and 1955 for Australian Bustard Ardeotis australis from the search area. The Australian Bustard is considered endangered in Victoria and is listed under the Flora and Fauna Guarantee Act 1988 (DSE 2003). Considering the low number of records and time since last observed the Australian Bustard is unlikely to utilise the study site.

The Atlas of Victorian Wildlife has one record from 1886 for Elegant Parrot Neophema elegans from the search area. The Elegant Parrot is considered vulnerable in Victoria (DSE 2003). Considering the age of this single record it is unlikely that a viable population of this species persists within the area. The Elegant Parrot is not likely to persist locally.


The EPBC Act Protected Matters Search Tool lists nine additional bird species potentially occurring or having habitat within 10km of the study area. Due to the absence of suitable habitat four of these species (waders, shorebirds etc) would not utilise the site and will not be discussed further. The remaining five species are discussed below.

The White‐throated Needletail Hirundapus caudacutus is protected under international migratory bird treaties and as such is covered under the Commonwealth Environmental Protection and Biodiversity Conservation Act 1999. The White‐throated Needletail is a highly mobile insectivorous species that specializes in the capture of airborne insects. They are often observed in mixed flocks with Fork‐tailed Swifts whilst capturing insects in summer storm fronts. This species is not commonly encountered in terrestrial habitats, they are airborne day and night, sleeping at high altitudes in circling flocks. Both species are summer migrants, spending the cooler months breeding in Northern Asia (Morcombe 2000). The White‐throated Needletail is not likely to be reliant upon the study site.

Satin Flycatcher Myiagra cyanoleuca. This species is a summer breeding migrant to south eastern Australia, including Tasmania. The Satin Flycatcher is known to occupy forests and woodlands favoring dense wet gullies of heavy eucalypt forests during the breeding season (Morcombe 2000). It is unlikely the Satin Flycatcher would regularly occur or rely upon the study site.

Rufous Fantail Rhipidura rufifrons. In south‐eastern Australia the Rufous Fantail is known to occupy moist or wet Eucalyptus forests as well as rainforests and less often dry forests and woodlands. No habitat suitable to support this species occurs within or adjacent to the study area.


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The Rainbow Bee‐eater Merops ornatus occurs in lightly timbered areas of dry open forests, open woodlands and shrublands, arid vegetation types with scattered trees, riparian and littoral vegetation, often in close proximity to water (Higgins 1999). Due to the lack of records it is unlikely this species would regularly utilise the study area.

The Swift Parrot Lathamus discolor is considered endangered in Victoria (DSE 2004b) and is listed under the Flora and Fauna Guarantee Act 1988. This species is also listed as endangered under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999. The Swift Parrot migrates to the Australian mainland from Tasmania to over winter and forage on box/ironbark vegetation along the Great Dividing Range from Victoria through to Southern Queensland. It is possible that this species may occasionally feed on flowering Blue Gums, Eucalyptus globulus that have been planted throughout the study site. It is unlikely however that this species would regularly utilise or be reliant upon the study site.

8.3 Reptiles The Atlas of Victorian Wildlife (AVW) database contains one record from 1770 of Swamp Skink, Egernia coventryi from the 10km search area. This record has not been considered as it considered too old to have any relevance to the current study.


The EPBC Act Protected Matters Search Tool lists one reptile species of National significance potentially occurring or having habitat within 10km of the study area. The likelihood of this species occurring within the study site is discussed below.

The Striped Legless Lizard is considered endangered in Victoria (DSE 2004b) and is listed under the Flora and Fauna Guarantee Act 1988. This species is also listed as vulnerable under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999. The Stripped Legless Lizard is found under rocks and logs in grassland and grassy woodland throughout south‐eastern Australia (Cogger 2000). This species was probably common throughout the Victorian Volcanic Plains and other grassy ecosystems prior to European colonisation. Clearing and modification of grassland ecosystems throughout south‐eastern Australia has lead to a reduction in the availability of suitable habitat and fragmentation of existing populations. It is likely that this species once occurred throughout grasslands within the local area, however the clearance of native vegetation, removal of rocks and disturbances associated with agricultural activities are likely to have led to its decline. No suitable habitat was observed within the study site and there are no records for this species within the 10km search area. It is unlikely that the Striped Legless Lizard occurs within the study site or adjacent areas.

8.4 Frogs One frog species of conservation significance is recorded in the Atlas of Victorian Wildlife (AVW) database within the 10km search area. The suitability of the study site for this species is discussed below.

The Atlas of Victorian Wildlife has three records including one from 1876 and two from 2001 for Growling Grass Frog Littoria raniformis from the search area. None of these records are within or adjacent to the study site. The Growling Grass Frog is considered endangered in Victoria (DSE 2004b) and is listed under the Flora and Fauna Guarantee Act 1988. This species is also listed as vulnerable under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999. The Growling Grass Frog is found in and around vegetation of permanent and semi‐permanent


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wetlands, lagoons, dams, old quarries and slow moving creeks and rivers (Cogger 2000). The species requires waterbodies that support water for long periods, as tadpoles can take up to twelve months to reach maturity. This species is most abundant when suitable rushes and other aquatic vegetation are present, particularly Potamogeton species. During the breeding season frogs are able to cover large areas of terrestrial ground between water bodies in search of suitable breeding sites.

No Growling Grass Frogs were heard calling during either assessment of the creekline.

The Burrumbeet Creek is likely to support permanent water due to input from the sewage treatment wetlands and stormwater runoff. Permanent or semi‐permanent water is essential for the breeding cycle of this species. The creek supports a range of floating, fringing and emergent vegetation, including dense stands of rushes, reeds and sedges and patches of Potamogeton ochreatus. This is likely to provide suitable cover, foraging and breeding habitat for the Growling Grass Frog. Larger wetlands occurring within the area may represent core breeding habitat for the species. If populations were found to occur, individuals would be likely to utilise the drainage line as a dispersal corridor, and foraging resource, particularly during wetter periods. If precautionary measures are taken during development works to ensure works do not endanger individuals of this species, appropriate revegetation of the creekline, and the creation of fringing deep and shallow water wetlands may improve net habitat suitability for this species.


The EPBC Act Protected Matters Search Tool lists no additional frog species of conservation significance potentially occurring or having habitat within 10km of the study area.

8.5 Fish There are no fish species of conservation significance recorded in Atlas of Victorian Wildlife (AVW) database within the 10km database search area.


The EPBC Act Protected Matters Search Tool lists four fish species potentially occurring or having habitat within 10km of the study area. Three of these species, the Australian Grayling, Prototroctes maraena, Macquarie Perch Macquaria australasica and Murray Cod Maccullochella peelii peelii will not be discussed further as waterbodies within the study site are not considered suitable to support these species. The remaining species is discussed below.

The Dwarf Galaxias, Galaxiella pusilla is considered vulnerable in Victoria (DSE 2004b) and is listed under the Flora and Fauna Guarantee Act 1988. This species is also listed as vulnerable under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999. Dwarf Galaxias are found amongst vegetation in the margins of permanent and ephemeral wetlands, roadside drains, slow moving sections of creeks and rivers (Allen et al. 2002). This species is most abundant when suitable rushes and other aquatic vegetation is present and in the absence of the exotic Mosquito Fish *Gambusia holbrookii. The creekline within the study site is considered suitable habitat for Dwarf Galaxias, supporting a range of indigenous rushes and sedges with areas of slow flowing water, however large numbers of Mosquito Fish were noted in the creek.

No records for the Dwarf Galaxias exist within the region, and it is doubtful that this species would persist. More intensive aquatic surveys would be required to determine with certainty if this species occurs in the drainage line.

Appropriate revegetation of the drainage line and the creation of fringing deep and shallow water wetlands would be likely to improve the habitat suitability for this species. Provided significant


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disturbance of the drainage line does not occur and sediment is managed to a high standard, impacts on possible populations of the Dwarf Galaxias from development of the adjoining land are likely to be minor.

8.6 Invertebrates There are no invertebrate species of conservation significance recorded in Atlas of Victorian Wildlife (AVW) database within the 10km database search area.


The EPBC Act Protected Matters Search Tool lists one invertebrate species of national significance potentially occurring or having habitat within 10km of the study area. This likelihood of this species occurring within the study site is discussed below.

The Golden Sun Moth, Synemon plana is currently listed as a threatened taxon under the Flora and Fauna Guarantee Act 1988 (DSE, Action Statement No. 106). The Golden Sun Moth is known to inhabit grassy open‐woodlands and grasslands with significant cover of Austrodanthonia spp. in Victoria, Australian Capital Territory and New South Wales and formerly in South Australia (DSE, Action Statement No. 106). Individuals remain underground as larvae for most of the year, where they feed on the bases of Austrodanthonia tussocks. The Golden Sun Moth is usually sited between November and December when the males are seen flying through the air during the hottest part of the day, between 11am and 2pm. The females do not fly and only crawl between grass tussocks where they flash their wings hoping to attract males.

Although the study site contains a number of patches of Austrodanthonia spp, these appear to have re‐colonized the site following gross disturbance to the substrate. Such disturbance would have been detrimental to any Golden Sun Moth populations. Given the inability of the species to disperse over large distances, the species is not likely to have re‐colonized the site post disturbance. It is therefore considered unlikely that the species persists on site.

8.7 Habitat suitability for common species The majority of the study site is considered to be of low habitat value for common fauna species. Areas of open pasture contain limited cover and foraging areas and are unlikely to be utilised by most fauna species.

The grassy wetland and creekline areas, are considered to be suitable habitat for a range of common birds, frogs and invertebrates.

The single old indigenous Swamp Gum Eucalyptus ovata on the eastern creek bank contains hollows, cracks and fissures and are likely to provide roosting, nesting and feeding areas for birds, bats, possums and invertebrates.

Planted Blue Gum are likely to provide food for birds and possums.


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9 Conservation significance of the study area The conservation significance of the various vegetation and habitat types in the study is assessed here using a range of different criteria, including those commonly applied by ecologists when assessing significance and others resulting from legislative and regulatory specifications and listings.

Significance criteria are generally based on the importance of an existing defined population or community for the prevention of the extinction of that community type or all populations of flora or fauna taxa which depend upon the community type.

The scale of significance (local, regional, state, national) refers to the extent of any predicted, possible or likely extinction, should the population in question be lost. A local significance ranking denotes a population that is important to prevent the extinction of the species locally, a regional ranking to prevent extinction regionally, and so forth.

It should be noted that detailed information on the total number of individuals, the total area of a vegetation type or the total area of habitat is often unpublished and estimates often rely on consultant’s knowledge, personal communications with experts and rough estimations.

In the context of the Native Vegetation Management Framework and the bioregional framing of much new vegetation policy it is now appropriate to also assess Bioregional Significance.

9.1 Conservation significance of ecological communities in the study area

EPBC Act listed flora species and National Conservation Significance


FFG Act listed flora species and State Conservation Significance

Habitat Zone 1 & 2 are attributable to the ecological community ‘Western Basalt Plains Grassland’, listed as threatened under the FFG Act.

9.2 Conservation significance of flora species found in the study area

EPBC Act listed flora species and National Conservation Significance

No EPBC Act listed flora species were found within the study area.

Based on current data the area is not considered to be of national conservation significance for flora species. The Matted Flax‐lily Dianella amoena considered nationally endangered may be found to occur after grazing pressure is removed.

FFG Act listed flora species and State Conservation Significance

No FFG Act listed flora species were found within the study area.


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Based on current data the area is not considered to be of state conservation significance for flora species.

Victorian Rare Or Threatened (VROT) species

No VROT flora species were found within the study area.

Based on current data the area is not considered to be of state conservation significance for flora species. A number of flora species listed as of conservation significance in Victoria may be found to occur after grazing pressure is removed.

Regionally significant flora

No regionally significant flora species were found within the study site. A number of flora species considered of regional conservation significance may be found to occur after grazing pressure is removed.


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Locally significant flora species

Given the severe state of decline of native vegetation in the local area, all remaining indigenous vegetation is considered to be locally significant.

9.3 Conservation significance of fauna species found or likely to occur in the study area

National significance - EPBC Act listed fauna species & species of national conservation significance

Of the fauna species listed under the EPBC Act and recorded in the Atlas of Victorian Wildlife from the database query area it is considered possible that the Growling Grass Frog could utilise suitable habitat along the creekline and may forage in pasture and grassy wetland areas within the study site. Targeted zoological survey would be required to determine if this species is present.

It is possible that a number of additional species may occasionally forage within the study site including the Flying Fox, Swift Parrot and Regent Honeyeater. These species are considered unlikely to be reliant upon habitats within the study site. Based on current data the area is not considered to be of national conservation significance, however, further survey for Growling Grass Frogs is required to clarify this status.

State significance - FFG Act listed fauna species & species of State conservation significance

Growling Grass Frog may regularly utilise habitats within the study site. Targeted zoological survey would be required to determine conclusively if this species is present.

It is considered likely ephemeral wetland in the site would be used on occasion by Australasian Shoveler, Common Sand Piper, Latham’s Snipe, Nankeen Night Heron, Royal Spoonbill, Whiskered Tern, Baillon’s Crake, Freckled Duck, Great Egret, Lewin’s Rail, Little Bittern and Growling Grass Frog. These species are unlikely to be regularly reliant upon habitats within the study site, only occurring during periods where the wetland is inundated and most likely only for short periods during this time. Based on current data the area is likely to be of state conservation significance, however, further survey during late spring/early summer following sustained rainfall is required to clarify this status.

9.4 Regulatory implications of conservation significance assessments

Note: The following discussion of the regulatory implications of ecological findings has not been written or reviewed by personnel trained in law and should not be considered legal advice. Specialised advice about the legal implications of ecological findings should be sought before any critical actions are undertaken.

9.4.1 Implications due to EPBC Act listed species

It is considered possible but unlikely that habitat on the creekline, areas of pasture, grassy and ephemeral wetlands support the Growling Grass Frog. Should this species be found to occur and the development proposal considered likely to impact on habitat for this species a ‘referral’ to the Commonwealth Minister for Environment may be required. If the Minister considers it is likely


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that a proposed action will impact upon the matter of national environmental significance the action is considered ‘controlled’, and requires assessment (via one of a range of avenues) for the grant of a permit to proceed.

‘Temperate Lowland Plains Grassy Wetland’ is yet to be listed under the EPBC Act so there are currently no regulatory implications.

9.4.2 Implications due to FFG Act listed species

As the landholding is private there are no anticipated legal implications for any development proposal of the property under the FFG Act.

9.4.3 Implications due to Victorian species of conservation significance listings

It is considered possible but unlikely that habitat on the creekline, areas of pasture, grassy and ephemeral wetlands support the Growling Grass Frog. Discussion with the Department of Sustainability on likely implications for the development may be required.

9.4.4 Implications under the Native Vegetation Management Framework

The Native Vegetation Management Framework specifies responses to proposals to clear and offset native vegetation of different conservation significance categories.

As remnant indigenous vegetation in the study area are of both ‘High’ and ‘Very High’ conservation significance, under Framework guidelines the stated framework response to applications to clear vegetation are:

• ‘Clearing generally not permitted’ for areas of ‘High’ conservation significance .

• ‘Clearing not permitted unless impacts are an unavoidable part of a development project with approval of the Minister for Conservation and Environment based on consideration of statewide environmental, social and economic values’, for areas of ‘Very High’ conservation significance.

Should any clearance be considered necessary and be permitted, an offset is likely to be required under the Framework.

9.4.5 Implications due to Catchment and Land Protection Act listings

Six species listed as noxious weeds under the Catchment and Land Protection Act (1994) (the CaLP Act) were noted within the study area. Gorse *Ulex europaeus, Spear Thistle *Cirsium vulgare, Hemlock *Conium vulgare, Hawthorn *Crataegus monogyna, Spiny Rush *Juncus acutus and Blackberry *Rubus fruticosus are present in the study site. These species are regionally controlled weeds and land owners have a responsibility to take all reasonable steps to control and prevent the spread of these weeds on their land and along municipal roadsides that adjoin their land.


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10 Conclusions & Recommendations Biodiversity values

Land at Wyndholm Park, Miners Rest has been largely cleared of the original native vegetation and is primarily dominated by exotic pasture grasses, shelter belts of native non‐indigenous and exotic trees and some weeds.

The site supports a single Swamp Gum Eucalyptus ovata on the eastern bank of the Burumbeet Creek is considered high habitat quality. This tree has numerous hollows, fissure, cracks and bare branches which provide valuable habitat structure for various indigenous fauna.

A large number of non‐indigenous native Blue Gums Eucalyptus globulus have been planted along the eastern boundary of the site. These are likely to provide lower quality cover and refugia for some indigenous fauna and as such are considered to be of low to medium faunal habitat value.

Two indigenous Grassy wetlands are perched upon flat low‐lying ground in the north of the study area, these two patches cover a total area of 0.16 ha. These wetlands may provide habitat for a range of wetland birds and amphibians, possibly including threatened species.

The majority of the study site is considered to be of low habitat value for native fauna and is lacking key habitat components such as trees, understorey, logs ands native debris and litter. Areas of open pasture are of limited foraging value for some common native bird species.

The Burrumbeet Creek and contiguous Water Reed dominated ephemeral vegetation is considered to be potential habitat for the Growling Grass Frog and this species could possibly utilise this corridor of the study site. If Growling Grass Frogs are present they could forage widely across the study area. Determining if these species are reliant upon these habitats requires a more thorough zoological survey.

The drainage line and ephemeral wetlands could function as a habitat corridor and foraging area for a number of rare bird species, however none are expected to be dependent upon the land.

Regulatory implications of survey findings

Based on the findings from this study there appear to be some areas of the land in which indigenous vegetation is present and should be avoided.

Due to zone 1 being of ‘Very High’ conservation significance as defined by Victoria’s Native Vegetation Management Framework clearing of this zone would not be permitted unless it is unavoidable and is approved by the Minister for Conservation and Environment.

If the proposed development is likely to impact on potential habitat for species listed under the Environment Protection and Biodiversity Conservation act such as the Growling Grass Frog, a ‘referral’ to the Commonwealth Minister for Environment may be required. More detailed zoological investigations to determine species presence or absence are required to determine if these habitats are actually used by listed species.


Several weed species listed as regionally controlled under the Catchment and Land Protection Act (1994) occur within the study area as scattered plants or minor infestations. Under the Act landholders have an obligation to control these weeds on their land.


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Threats to the flora & fauna values in the study area

The proposed development could degrade the drainage line if appropriate measures are not taken. Increases in stormwater runoff, the introduction of additional weed species and disturbances from future residential housing lots could potentially reduce the habitat suitability of the ephemeral wetland and drainage line for native fauna.

Recommendations

A number of measures could be taken during a development phase to mitigate potential impacts to rare species that may rely on habitats along the drainage line. Fencing of the drainage line and grassy wetlands would be likely to provide protection from potential disturbances from residential areas. Revegetation of the creek banks and contiguous vegetation, involving planting and weed control could suitably improve the ecological integrity of faunal habitat.

If ‘intact’ areas of indigenous vegetation are proposed to be impacted in the future, a more thorough survey of these areas in the absence of grazing pressure will be required. If stock are unable to be removed from the entire site, exclusion of ‘intact’ areas could be achieved using using temporary fencing .

The original vegetation of the study area is likely to have consisted of a mosaic of grasslands, grassy woodlands, shrublands and seasonal shallow wetlands. Re‐establishment of such an indigenous vegetation mosaic, could substantially increase the creeks intrinsic value as a habitat corridor for indigenous fauna. We recommend that where possible a 30 m+ wide vegetation zone, should be retained along either side of the Burrumbeet Creek. When considering the extent of retained zones along tributaries is also required to consider other site specific factors including topography, locations of Indigenous vegetation, etcetera. Advice from the relevant CMA, being the Glenelg‐Hopkins CMA, will need to be sought with regard to this matter. We recommend all of the Creek line, banks, ephemeral zones and low‐lying flat creek terraces be retained. For the retainment of vegetation, an environmental management and enhancement plan be devised and implemented. The retainment, enhancement and management of vegetation in, and contiguous to the Burrumbeet Creek would effectively provide a net gain result for the remaining habitat of rare species which possibly utilise the study site being the Growling Grass Frog and Dwarf Galaxias. Such enhancement would also provide an ecological corridor for these and other native fauna likely to utilise and pass through the study site whence dispersing along the tributary and throughout the landscape.

If a 30 m wide vegetation zone was retained either side of the Burrumbeet Creek, no indigenous vegetation assessed as ‘intact’ by Abzeco would be impacted upon. Therefore development of the study site would not incur any implied responses, as provided for by the Native Vegetation Management Framework.

The construction of Water Sensitive Urban Design (WSUD) stormwater treatment system that includes wetlands, ponds and vegetated swales should be considered to meet engineering requirements whilst providing habitat for common and rare fauna species.

Indigenous species could be used for street tree and amenity plantings in the area. Whilst these tend to provide limited habitat benefits for fauna, they are better than non‐indigenous plantings are may be utilised by a range of common native fauna species.


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11 References

Braithwaite R. W. (1995) The Mammals of Australia, Reed Books, Chatswood New South Wales, Australia

DNRE (1997) Victoria’s Biodiversity: Sustaining our Living Wealth. Department of Natural Resources and Environment, East Melbourne, Victoria.

DNRE (2002) Victoria’s Native Vegetation Management – A Framework For Action. Department of Natural Resources and Environment, East Melbourne, August, 2002.

DNRE (2002a) Local Government Authority – Bioregional Conservation Status of EVCs – Area Statement. Department of Natural Resources and Environment.

DSE (2004) Vegetation Quality Assessment Manual – Guidelines for applying the Habitat Hectares Scoring method, version 1.3, Victorian Government, Department of Sustainability and Environment, Melbourne

DSE (2005) Advisory list of rare or threatened plants in Victoria – 2005. Victorian Department of Sustainability and Environment, East Melbourne, Victoria.

DSE (2007) Flora Information System and Atlas of Victorian Wildlife. Unpublished records acquired February 2007.

DSE (2006a) Native Vegetation – Guide for assessment of referred planning permit applications. Victorian Government, Department of Sustainability and Environment, East Melbourne.

DSE (2006b) Native Vegetation – Vegetation Gain Approach – Technical basis for calculating gains through improved native vegetation management and revegetation. Victorian Government, Department of Sustainability and Environment, East Melbourne.

DSE (2006c) Native Vegetation – Revegetation Planting Standards – Guidelines for establishing native vegetation for net gain accounting. Victorian Government, Department of Sustainability and Environment, East Melbourne.

DSE (2009) Delivering Melbourne’s Newest Sustainable Communities, Strategic Impact Assessment Report for Environment Protection and Biodiversity Conservation Act 1999. Victorian Government, Department of Sustainability and Environment, East Melbourne.

Garnet S.T. & Crowley G.M, (2000) The Action Plan for Australian Birds, Environment Australia

Higgins, P.J (Ed.) (1999) Handbook of Australian, New Zealand and Antarctic Birds. Volume 4: Parrots to Dollarbird. Oxford University Press, Melbourne.

Higgins, P.J & Davies, S.J.J.F (Eds.) (1996) Handbook of Australian, New Zealand and Antarctic Birds. Volume 3: Snipe to Pigeons, Oxford University Press, Melbourne.

Higgins, P.J, J.M. Peter & W.K. Steele (Eds) (2001) Handbook of Australian, New Zealand and Antarctic Birds. Volume 5: Tyrant‐flycatchers to Chats. Oxford University Press, Melbourne.

Higgins, P.J, J.M. Peter & W.K. Steele (Eds) (2001) Handbook of Australian, New Zealand and Antarctic Birds. Volume 6: Pardalotes to Shrike Thrushes. Oxford University Press, Melbourne.

Higgins, P.J, J.M. Peter & S.J. Crowling (Eds) (1999) Handbook of Australian, New Zealand and Antarctic Birds. Volume 4: Parrots to Dollarbird. Oxford University Press, Melbourne.

Just, K, Cochrane, S & Francis, R (2008) Flora & Fauna report on land at Wyndholm Park, Miners Rest. Prepared for The Planning Group Pty Ltd on behalf of Sunland Group.


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Marchant, S & Higgins P.J, (1990), Handbook of Australian, New Zealand and Antarctic Birds. Volume 1: Ratites to Ducks. Oxford University Press, Melbourne.

Marchant, S & Higgins P.J, (1993), Handbook of Australian, New Zealand and Antarctic Birds. Volume 2: Raptors to Lapwings. Oxford University Press, Melbourne.

Menkhorst, P.W. (Ed). (1995) Mammals of Victoria, Oxford University Press, Melbourne.

Morcombe M. (2000) Field Guide to Australian Birds, Steve Parish Publishing, Australia

Ross J.H, & Walsh, N.G (2003) A Census of the Vascular Plants of Victoria, Seventh Edition, Royal Botanic Gardens, Melbourne.

Robinson, M. (1998) A field guide to frogs of Australia, Reed New Holland Publishers Australia, Sydney.

Walsh, N.G. & Entwistle, T.J. (1994) Flora of Victoria. Volume 2, Ferns and Allied Plants, Conifers and Monocotyledons. Inkata Press, Chatswood, New South Wales.

Walsh, N.G. & Entwistle, T.J. (1996) Flora of Victoria. Volume 3, Dicotyledons Winteraceae to Myrtaceae. Inkata Press, Melbourne.

Walsh, N.G. & Entwistle, T.J. (1999) Flora of Victoria. Volume 4, Dicotyledons Cornaceae to Asteraceae. Inkata Press, Melbourne.


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Appendix 1. RARE AND THREATENED VASCULAR PLANT SPECIES PREVIOUSLY RECORDED WITHIN 10 KMS OF THE CENTRAL POINT OF THE STUDY AREA.

The list below provides records (DSE, 2006d) for rare and threatened species that have been found within 10km of the study site. This list informed the on‐ground search undertaken during the field survey.

Source: ‘Flora Information System’, © The State of Victoria, Department of Sustainability and Environment

NAME COMMONNAME AROTS VROTS FFG EPBC Acacia nano‐dealbata Dwarf Silver Wattle r Amphibromus sinuatus Wavy Swamp Wallaby‐grass v Bossiaea cordigera Wiry Bossiaea r Caladenia australis Southern Spider‐orchid k Carex chlorantha Green‐top Sedge k Comesperma polygaloides Small Milkwort v L Dianella amoena Matted Flax‐lily E e E Discaria pubescens Australian Anchor Plant r L Diuris behrii Golden Cowslips v Eucalyptus brookeriana Brookerʹs Gum r Eucalyptus yarraensis Yarra Gum r Euphrasia collina subsp. speciosa Purple Eyebright x Lachnagrostis filiformis var. 2 Wetland Blown‐grass k Lemna trisulca Ivy‐leaf Duckweed k Lepidium pseudohyssopifolium Native Peppercress k Levenhookia sonderi Slender Stylewort r Prasophyllum suaveolens Fragrant Leek‐orchid E e L E

FFG – Flora and Fauna Guarantee Act L‐ listed under the Flora and Fauna Guarantee Act

EPBC – Environment Protection and Biodiversity Conservation Act V – listed as being Vulnerable in Australian under the Environment Protection and Biodiversity Conservation Act E – listed as being Endangered in Australian under the Environment Protection and Biodiversity Conservation Act

VROTS – Victorian Rare or Threatened Species listings r – rare in Victoria k – poorly known in Victoria e – endangered in Victoria # ‐ Non‐indigenous Native Species


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Appendix 2. EPBC PROTECTED MATTERS SEARCH TOOL RESULTS – FLORA

The EPBC protected matters search tool provides predictions on the likely EPBC related matters in a defined geographic area. The on‐line tool was queried in July 2009. Relevant results, which helped guide the fauna habitat assessment, are reproduced below. EPBC Act listed flora species that may have habitat within 10km of the study area;

BINOMIAL COMMON NAME Amphibromus fluitans River Swamp Wallaby‐grass Carex tasmanica Curly Sedge Dodonaea procumbens Trailing Hop‐bush Glycine latrobeana Purple Clover Lachnagrostis adamsonii Adamson’s Blown Grass Pimelea spinescens subsp. spinescens Plains Rice‐flower, Poa sallacustris Salt‐lake Tussock‐grass Prasophyllum frenchii Maroon Leek‐orchid Prasophyllum suaveolens Fragrant Leek‐orchid Senecio behrianus Stiff Groundsel Senecio psilocarpus Swamp Fireweed Thelymitra matthewsii Spiral Sun‐orchid Xerochrysum palustre Swamp Everlasting


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Appendix 3. VASCULAR PLANT SPECIES RECORDED IN THE STUDY AREA.

Flora species recorded during field survey on the 6th of December 2007 and 2nd of July 2009. * ‐ Exotic species, # ‐ Non‐indigenous native species, C – Listed as controlled under the CaLP act.

Origin BINOMIAL COMMON NAME Status Acaena echinata Sheep’s Burr Acaena novae‐zelandiae Bidgee‐widgee * Acetosella vulgaris Sheep’s Sorrel * Agrostis capillaris Brown‐top Bent Alisma Plantago‐aquatica Water Plantain Amphibromus nervosus Swamp Wallaby Grass * Anagallis arvensis Pimpernel * Anthoxanthum odoratum Sweet Vernal Grass * Aphanes arvensis Parsley‐piert * Arctotheca calendula Cape Weed * Aster subundulata Aster Weed * Atriplex prostrata Orache Austrodanthonia eriantha Hill Wallaby Grass Austrodanthonia racemosa Wallaby Grass Austrodanthonia setacea Bristly Wallaby Grass * Avena fatua Wild Oat Bolboschoenus medianus Marsh Club‐rush * Bromus catharticus Brome * Bromus diandrus Great Brome * Bromus hordeaceus Soft Brome Callistemon sieberi River Bottle‐Brush * Callitriche stagnalis Water Starwort Carex appressa Tall Sedge * Cerastium glomeratum Mouse Ear * Cirsium vulgare Spear Thistle C * Conium maculatum Hemlock C Cotula australis Common Cotula * Cotula coronopifolia Water Buttons Crassula decumbens Spreading Stonecrop Crassula helmsii Swam Stonecrop * Crataegus monogyna Hawthorn C * Cynodon dactylon Couch * Cypress eragrostis Drain Flat‐sedge * Dactylis glomerata Cock’s Foot * Ehrharta erecta Panic Veldt Grass Eleocharis acuta Spike Rush Elymus scaber Wheat‐grass Epilobium hirtigerum Hoary Willow Herb * Erodium botrys Long Storksbill Euchiton involucratus Star Cudweed * Fumaria capreolata Fumitory * Helminthotheca echioides Ox Tongue * Holcus lanatus Yorkshire Fog * Hordeum leporinum Barley Grass * Hypochoeris radicata Cats Ears


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* Juncus acutus Spiny Rush C Juncus amabilis Hollow Rush * Juncus articulatus Jointed Rush Juncus australis Austral Rush Juncus pallidus Pale Rush

Juncus semisolidus Plains Rush * Juncus tenuis Poverty rush Lachnagrostis sp. Blowngrass * Lactuca serriola Prickly Lettuce Lemna disperma Duckweed * Lolium perenne Perennial Rye Grass Lythrum hyssopifolia Small Loosestrife * Malva nicaeensis Mallow‐of‐Nice Myriophyllum crispatum Curling Water Milfoil Microlaena stipoides Weeping Grass Montia fontana Water Blinks * Nasturtium officinale Watercress Oxalis perennans Wood Sorrel * Paspalum distichum Water Couch * Phalaris aquatica Toowoomba Canary Grass Phragmites australis Water Reed * Plantago coronopus Plantain * Plantago lanceolata Ribwort * Poa annua Winter Grass * Polygonum aviculare Wire Weed Potamogeton ochreatus Blunt Pondweed * Ranunculus repens Creeping Buttercup * Ranunculus sceleratus Celery‐leaf Buttercup * Romulea roseum Onion Grass * Rubus fruticosus spp. agg. Blackberry C Rumex bidens Mud Dock * Rumex conglomeratus Clustered Dock * Rumex crispus Curled Dock Rumex dumosus Wiry Dock * Rumex pulcher Fiddle Dock * Salix sp. Willow * Silybum marianum Variegated thistle * Sisymbrium officinale Hedge Mustard * Solanum nigrum Black‐berry Nightshade * Sonchus asper Rough Sow Thistle * Sonchus oleraceus Sow Thistle * Stellaria media Chickweed * Taraxacum sp. Dandelion * Trifolium dubium Suckling Clover * Trifolium fragiferum Strawberry Clover * Trifolium repens Subterranean Clover Triglochin procerum Water Ribbons Typha sp. Bull Rush * Ulex europaeus Gorse C * Vulpia bromoides Squirrel‐tail Fescue


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Appendix 4. RARE AND THREATENED FAUNA SPECIES – AVW RECORDS

The following list includes all Atlas of Victorian Wildlife database records (DSE 2006d) for rare and threatened fauna species that have previously been recorded within a 10km radius from the centre of the study site. The likelihood of occurrence of these species within the study area is discussed in the Fauna section of this report. Data Source: ‘Atlas of Victoria Wildlife’, © The State of Victoria, Department of Sustainability and Environment

ENGLISH LATIN FFG EPBC AROTS TWV VROTS TR Australian Bustard Ardeotis australis L CR e Black‐eared Cuckoo Chrysococcyx osculans NT r Elegant Parrot Neophema elegans VU v Grey Goshawk Accipiter novaehollandiae L VU v Hooded Robin Melanodryas cucullata L NT r Red‐tailed Black‐Cockatoo Calyptorhynchus banksi L EN E EN e Regent Honeyeater Xanthomyza phrygia L EN E CR e Spotted Quail‐thrush Cinclosoma punctatum NT r Square‐tailed Kite Lophoictinia isura L VU v Powerful Owl Ninox strenua L VU v Australasian Shoveler Anas rhynchotis VU v Azure Kingfisher Alcedo azurea NT r Baillonʹs Crake Porzana pusilla L VU v Blue‐billed Duck Oxyura australis L EN e Brolga Grus rubicunda L VU v Common Sandpiper Actitis hypoleucos VU v CJ Freckled Duck Stictonetta naevosa L EN e Great Egret Ardea alba L VU v CJ Hardhead Aythya australis VU v Lathamʹs Snipe Gallinago hardwickii NT r CJ Lewinʹs Rail Rallus pectoralis L VU v Little Bittern Ixobrychus minutus L EN e Magpie Goose Anseranas semipalmata L VU v Musk Duck Biziura lobata VU v Nankeen Night Heron Nycticorax caledonicus NT r Pied Cormorant Phalacrocorax varius NT r Royal Spoonbill Platalea regia VU v Spotted Harrier Circus assimilis NT r Whiskered Tern Chlidonias hybridus NT r Brush‐tailed Phascogale Phascogale tapoatafa L VU v Fat‐tailed Dunnart Sminthopsis crassicaudata NT r Swamp Skink Egernia coventryi L VU v Growling Grass Frog Litoria raniformis L VU V EN e FFG –Flora and Fauna Guarantee Act L – Listed EPBC –Environmental Protection & Biodiversity Act EN –Endangered in Australia (EPBC listed) VU – Vulnerable in Australia (EPBC listed) AROTS – Australian Rare or Threatened E – Endangered in Australia V – Vulnerable in Australia TWV – Threatened Wildlife Victoria CR – Critically Endangered

NT – Near Threatened VU ‐ Vulnerable EN ‐ Endangered VROTS – Victoria Rare or Threatened r – Rare in Victoria v – Vulnerable in Victoria e – Endangered in Victoria TR – Treaty CJ – CAMBA / JAMBA listed


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Appendix 5. EPBC PROTECTED MATTERS SEARCH TOOL RECORDS – FAUNA Fauna species identified as potentially occurring or having habitat within or migrating within 10km the centre of the study area from the EPBC Protected Matters Search Tool, queried November 2007. Threatened Species Status Type of Presence

Birds

Lathamus discolor Swift Parrot

Endangered Species or species habitat may occur within area

Rostratula australis Australian Painted Snipe

Vulnerable Species or species habitat may occur within area

Xanthomyza phrygia Regent Honeyeater

Endangered Species or species habitat may occur within area

Frogs

Litoria raniformis Growling Grass Frog


Mammals

Dasyurus maculatus maculatus (SE mainland population) Spot‐tailed Quoll,

Endangered Species or species habitat may to occur within area

Isoodon obesulus obesulus Southern Brown Bandicoot

Endangered

Pseudomys fumeus Konoom, Smoky Mouse

Endangered Species or species habitat may to occur within area

Pteropus poliocephalus Grey‐headed Flying‐fox


Potorous tridactylus tridactylus Long‐nosed Potoroo (SE mainland)


Ray‐finned fishes

Galaxiella pusilla Dwarf Galaxias

Vulnerable Species or species habitat likely to occur within area

Prototroctes maraena Australian Grayling

Vulnerable Species or species habitat likely to occur within area

Yarra Pigmy Perch Nannoperca obscura Vulnerable Species or species habitat likely to occur within area

Migratory Terrestrial Birds

Haliaeetus leucogaster White‐bellied Sea‐Eagle

Migratory Species or species habitat likely to occur within area

Hirundapus caudacutus White‐throated Needletail

Migratory Species or species habitat may occur within area

Merops ornatus Rainbow Bee‐eater

Migratory Breeding may occur within area


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Myiagra cyanoleuca Satin Flycatcher

Migratory Breeding likely to occur within area

Rhipidura rufifrons Rufous Fantail

Migratory Breeding may occur within area

Xanthomyza phrygia Regent Honeyeater


Migratory Wetland Birds

Ardea alba Great Egret, White Egret


Ardea ibis Cattle Egret


Gallinago hardwickii Latham’s Snipe, Japanese Snipe


Rostratula benghalensis s. lat. Painted Snipe



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Appendix 6. FAUNA SPECIES RECORDED DURING FIELD SURVEYS AT THE STUDY AREA

Evidence of the following species, occurring on the study site were observed during site assessments at Wyndholm Park, Miners Rest on the 6th of December 2007 and the 2nd of July 2009.

Common name Scientific name Mammals Pony *Equus sp Fox *Vulpes Vulpes European Rabbit *Oryctolagus cuniculus Birds Australian Raven Corvus coronoides Australian Magpie Gymnorhina tibicen Pacific Black Duck Anas superciliosa Crested Pigeon Ocyphaps lophotes Golden –headed Cisitcola Cisticola exilis Little Grassbird Megalurus gramineus Indian Myna *Acridotheres tristis Little raven Corvus mellori Magpie Lark Grallina cyanoleuca Masked lapwing Vanellus miles Pacific Black Duck Anas superciliosa Silvereye Zosterops lateralis Superb Fairy‐wren Malurus cyaneus Red‐browed Finch Neochmia temporalis Red Wattlebird Anthochaera carunculata Welcome Swallow Hirundo neoxena White‐faced Heron Egretta novaehollandiae Frogs Common Froglet Crinia signifera Banjo Frog Limnodynastes drumerili Brown tree Frog Litoria ewingii

* Denotes exotic species


APPENDIX FOUR | Cultural Heritage Management Plan and Letter

from WAC dated 29 Jan 2012

29 January 2012 Cameron Haines Strategic Planner City of Ballarat. PO Box 655 Ballarat 3353 Dear Cameron, Re: CHMP 10891, Sunland Group - Wyndholm Park, Miners Rest Wathaurung Aboriginal Corporation (WAC) as Registered Aboriginal Party for the area has met with The Planning group (TPG) to resolve the issue of the layout of the above sub-division. We have agreed that:

WAC support the layout as shown in the attached plan

WAC would agree to amend the CHMP based on this layout plan

WAC has no objection to the consideration by Council of the proposed subdivision and associated Amendment to zone this land Residential.

We hope that this answers all your concerns and look forward to working positively with you in the future. Yours sincerely

Bryon Powell Chairperson


APPENDIX FIVE| Land Capability Assessment


APPENDIX SIX | ODP Preferred Development Pattern


APPENDIX SEVEN | Catchment Management Authority Response

Glenelg Hopkins CMA

Head Office: 79 French Street

PO Box 502

HAMILTON VIC 3300

Phone: 03 5571 2526

Facsimile: 03 5571 2935

Email: [email protected] www.ghcma.vic.gov.au Protecting our future – Naturally

F-2011-0219 Page 1 of 2

Dear Darren,

Proposed Development Type: Flood Level Enquiry Proposed Development Description: Flood advice request

Zone(s): FZ - Farming Zone Overlay(s): Ddo18 - Design And Development Overlay - Schedule 18; Eso2 - Environmental

Significance Overlay - Schedule 2; EMO - Erosion Management Overlay

Location Street: Waterfort Drv, Miners Rest Cadastral: CA 63B, Parish of Dowling Forest

Regarding: Flood Advice

Thank you for your enquiry received at the Glenelg Hopkins Catchment Management Authority (CMA) on 8 August 2011. This location is within the floodplain of the Burrumbeet Creek. The CMA has reviewed the amended plan with regard to its responsibility in floodplain and waterways management. Observed alterations to the new plan include revision to the lot locations, access routes and areas within the 1% AEP flood extent. In light of the above the CMA provides in principle support for the amended subdivision plan. However, further consideration will need to be given to the level at which the primary access boulevard is constructed so as to ensure trafficable access during the 1% AEP flood extent. Preferably this road would be constructed at or above the 1% AEP flood level at this location, recognizing this may not be possible the CMA would consider flooding depths up to a maximum 300mm. Please note, this document contains flood level advice only and does not constitute approval or otherwise of any development at this location. Should you have any further queries, please do not hesitate to contact me on (03) 5571 2526. To assist the CMA in handling any enquiries please quote F-2011-0219 in your correspondence with us. Yours sincerely,

For/ Graeme Jeffery Acting Floodplain and Works Manager

Darren Barker Bresse Pitt Dixon Pty Ltd Melbourne, VIC 3000 [email protected]

Application No (CMA Ref): F-2011-0219

Document No: 2

Council No: F-2010-0290

Other No: PLP 2010/61

Date: 31 August 2011

F-2011-0219 Pg 2 of 2

The information contained in this correspondence is subject to the disclaimers and definitions attached.

Definitions and Disclaimers

1. The area referred to in this letter as the ‘proposed development location’ is the land parcel(s) that, according to the CMA’s assessment, most closely represent(s) the location identified by the applicant. The identification of the ‘proposed development location’ on the CMA’s GIS has been done in good faith and in accordance with the information given to the CMA by the applicant(s) and/or City of Ballarat.

2. While every endeavour has been made by the CMA to identify the proposed development location on its GIS using VicMap Parcel and Address data, the CMA accepts no responsibility for or makes no warranty with regard to the accuracy or naming of this proposed development location according to its official land title description.

3. No warranty is made as to the accuracy or liability of any studies, estimates, calculations, opinions, conclusions, recommendations (which may change without notice) or other information contained in this letter and, to the maximum extent permitted by law, the CMA disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient or other person through relying on anything contained in or omitted from this letter.

4. This letter has been prepared for the sole use by the party to whom it is addressed and no responsibility is accepted by the CMA with regard to any third party use of the whole or of any part of its contents. Neither the whole nor any part of this letter or any reference thereto may be included in any document, circular or statement without the CMA’s written approval of the form and context in which it would appear.

5. The flood information provided represents the best estimates based on currently available information. This information is subject to change as new information becomes available and as further studies are carried out.

6. AEP as Annual Exceedance Probability – is the likelihood of occurrence of a flood of given size or larger occurring in any one year. AEP is expressed as a percentage (%) risk and may be expressed as the reciprocal of ARI (Average Recurrence Interval).

Please note that the 1% AEP flood is not the probable maximum flood (PMF). There is always a possibility that a flood larger in height and extent than the 1% AEP flood may occur at any time.

7. ARI as Average Recurrence Interval - is the likelihood of occurrence, expressed in terms of the long-term average number of years, between flood events as large as or larger than the design flood event. For example, floods with a discharge as large as or larger than the 100 year ARI flood will occur on average once every 100 years.

8. AHD as Australian Height Datum - is the adopted national height datum that generally relates to height above mean sea level. Elevation is in metres.

9. Freeboard provides a margin for safety. It allows for uncertainties in flood level estimates or for the impacts of waves from wind or passing vehicles. Freeboard generally varies between 300mm and 600mm in Victoria.

10. Nominal Flood Protection Level (NFPL) is the minimum floor level for habitable spaces and the level below which no electrical outlets or sewer openings are permitted. NFPL equals the 1% AEP flood level plus freeboard.

Glenelg Hopkins CMA

Head Office: 79 French Street

PO Box 502

HAMILTON VIC 3300

Phone: 03 5571 2526

Facsimile: 03 5571 2935

Email: [email protected] www.glenelg-hopkins.vic.gov.au Protecting our future – Naturally

F-2010-0001-01.doc Page 1 of 4

Dear Darren,

Proposed Development Type: Subdivision and Dwelling(s) Proposed Development Description: Residential development plan

Zone(s): FZ - Farming Zone Overlay(s): ESO2 - environmental Significance Overlay Schedule 2; EMO – Erosion Management

Overlay, DDO18 – Design & Development Overlay Schedule 18.

Location Street: Area bounded by Gillies Road, Cummins Road, Garlands Road and Burrumbeet Creek Cadastral: Lots 1, 2 & 3 TP908367 and CA63 B&C, Parish of Dowling Forest

Regarding: Flood Advice

Thank you for your enquiry received at the Glenelg Hopkins Catchment Management Authority (CMA) on 22 December 2009. This site is within the floodplain of Burrumbeet Creek. Flood levels for 1% AEP (100 year ARI) events have not been designated or declared for this area under the Water Act 1989. The CMA’s estimate of the 1% AEP flood level for the location described above ranges from 426.8 metres AHD at the northern end of the site up to 433.2 metres AHD at the southern end. These levels come from the 2003 Burrumbeet Creek Flood Study which provides the best flood information currently available for this area.

The CMA advises that during 1% AEP flood events a significant portion of the location would be subject to inundation from Burrumbeet Creek as shown by the blue shading on the attached plan. Depth of flooding is estimated to range up to approximately 0.4 metres on the western margin of the location up to approximately 1.2 metres in the irregular shaped bulge at the southern end of the location. For detailed development design the flood levels for this section of waterway should be applied to detailed ground based survey to determine an accurate flood extent. The CMA can provide an excerpt from the flood level GIS layer to enable a surveyor or mapping expert to undertake this analysis.

The majority of the floodplain identified in this area is classed as floodway land. The extent of the floodplain during a 1%AEP flood event is indicated by the blue shading on the attached plan. Floodway land is depicted on this plan in by the dark blue/purple shading. Floodway is characterised by fast flowing and or deep floodwater. Maintenance of floodplain function is highly important in terms of minimising the risk to health, life, safety and property that arises out of the development of nearby land and for this reason development on the floodplain itself should be avoided. Exclusion of development from the floodplain also provides opportunities in large scale developments through the provision of public open space focussed on the waterway. Treatment of Burrumbeet Creek in this way would be consistent with the planning schemes Environmental

Application No (CMA Ref): F-2010-0001

Document No: 2

Your Ref: Miner Rest Development Site

Other CMA No: F-2009-0244

Darren Barker Breese Pitt Dixon Pty. Ltd. Unit 1, 19 Cato Street Hawthorn East, VIC 3123 [email protected]

Date: -

F-2010-0001-01.doc Pg 2 of 4

Significance Overlay Schedule 2 which applies to both sides of the creek. Environmental objectives of this overlay include the following.

• maintain the ability of streams and watercourses to carry natural flows.

• ensure that development does not occur on land liable to flooding. Strengthening recognition within the planning scheme of the need to maintain floodplain function is a recognised priority and the CMA is currently assisting Ballarat City Council with a planning scheme amendment for the Burrumbeet Creek floodplain. This will result in the application of appropriate flood related zones and overlays to the area. It is noted that the development plan area also includes a relatively minor watercourse which traverses the northern half of the development are in an east-to-west direction. This watercourse is depicted by the area hatched in red on the attached plan. This is not a designated waterway and as such a Works on Waterway permit issued by the CMA is not required in relation to any works. However, as per the planning schemes ESO2, consideration should also be given to the treatment of this watercourse in any development proposal, and more specifically, how natural function can be maintained or enhanced by development. Incorporation of this watercourse as a natural feature within a development may also represent an opportunity in terms of enhancing the environmental aesthetics of the area. As noted in the CMAs initial response relating to CA63 B & C, if development plans for the flood-free portion of the location proceed, there will be a need for any subdivision applications to comply with the stormwater management requirements of Provision 56.07 Integrated water management of the Victorian Planning Provisions. The urban stormwater management system must be:

• Designed to meet the current best practice performance objectives for stormwater quality as contained in the Urban Stormwater – Best Practice Environmental Management Guidelines (Victorian Stormwater Committee 1999) as amended.

• Designed to ensure that flows downstream of the subdivision site are restricted to predevelopment levels unless increased flows are approved by the relevant drainage authority and there are no detrimental downstream impacts.

The design of the local drainage network should:

• Ensure run-off is retarded to a standard required by the responsible drainage authority.

• Include water sensitive urban design features to manage run-off in streets and public open space. Where such features are provided, an application must describe maintenance responsibilities, requirements and costs.

Any flood mitigation works must be designed and constructed in accordance with the requirements of the relevant floodplain management authority.

Engineering calculations and drawings for the stormwater management system must be supplied with a planning permit application. The calculations and drawings must demonstrate the water sensitive urban design measures that will be used to ensure stormwater runoff from the site will be restricted to pre-development levels, and treated to meet the requirements for stormwater quality. Calculations must indicate, but not necessarily be limited to, the stormwater runoff from the site for pre- and post-development scenarios.

Note also that Burrumbeet Creek is a designated waterway (No. 36-1-10-93) and that under the Glenelg Hopkins CMA Waterways Protection By-Law No. 1 (Water Act 1989), any works in, on or around a designated waterway require a permit from the CMA. An application form may be obtained from the Hamilton Office or downloaded from our website at www.glenelg-hopkins.vic.gov.au

F-2010-0001-01.doc Pg 3 of 4

Please note, this document contains flood level advice only and does not constitute approval or otherwise of any development at this location. Should you have any further queries, please do not hesitate to contact me on (03) 5571 2526. To assist the CMA in handling any enquiries please quote F-2010-0001 in your correspondence with us. Yours sincerely,

Marcus Little Floodplain and Works Manager

The information contained in this correspondence is subject to the disclaimers and definitions attached.

Additional Information

Amended Clause 56 – Residential subdivision provisions relating to stormwater management

New planning provisions for residential subdivision apply to planning permit applications lodged on or after 9 October 2006,and replace the provisions in Clause 56 of all planning schemes. Provision 56.07 Integrated water management includes the following requirements:

The urban stormwater management system must be:

• Designed to meet the current best practice performance objectives for stormwater quality as contained in the Urban Stormwater – Best Practice Environmental Management Guidelines (Victorian Stormwater Committee 1999) as amended.

• Designed to ensure that flows downstream of the subdivision site are restricted to predevelopment levels unless increased flows are approved by the relevant drainage CMA and there are no detrimental downstream impacts.


• Ensure run-off is retarded to a standard required by the responsible drainage CMA.

• Include water sensitive urban design features to manage run-off in streets and public open space. Where such features are provided, an application must describe maintenance responsibilities, requirements and costs.

Any flood mitigation works must be designed and constructed in accordance with the requirements of the relevant floodplain management CMA. Further information is available on the DSE planning website, or by following the link below:

http://www.dse.vic.gov.au/DSE/nrenpl.nsf/LinkView/69E6051516DFA418CA256DDD000F402EC4EB543DC77A77864A256DEA002C5760#Cl56

Definitions and Disclaimers

1. The area referred to in this letter as the ‘proposed development location’ is the land parcel(s) that, according to the CMA’s assessment, most closely represent(s) the location identified by the applicant. The identification of the ‘proposed development location’ on the CMA’s GIS has been done in good faith and in accordance with the information given to the CMA by the applicant(s) and/or Ballarat City Council.

F-2010-0001-01.doc Pg 4 of 4

2. While every endeavour has been made by the CMA to identify the proposed development location on its GIS using VicMap Parcel and Address data, the CMA accepts no responsibility for or makes no warranty with regard to the accuracy or naming of this proposed development location according to its official land title description.

3. No warranty is made as to the accuracy or liability of any studies, estimates, calculations, opinions, conclusions, recommendations (which may change without notice) or other information contained in this letter and, to the maximum extent permitted by law, the CMA disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient or other person through relying on anything contained in or omitted from this letter.

4. This letter has been prepared for the sole use by the party to whom it is addressed and no responsibility is accepted by the CMA with regard to any third party use of the whole or of any part of its contents. Neither the whole nor any part of this letter or any reference thereto may be included in any document, circular or statement without the CMA’s written approval of the form and context in which it would appear.

5. The flood information provided represents the best estimates based on currently available information. This information is subject to change as new information becomes available and as further studies are carried out.

6. AEP as Annual Exceedance Probability – is the likelihood of occurrence of a flood of given size or larger occurring in any one year. AEP is expressed as a percentage (%) risk and may be expressed as the reciprocal of ARI (Average Recurrence Interval).

Please note that the 1% AEP flood is not the probable maximum flood (PMF). There is always a possibility that a flood larger in height and extent than the 1% AEP flood may occur at any time.

7. ARI as Average Recurrence Interval - is the likelihood of occurrence, expressed in terms of the long-term average number of years, between flood events as large as or larger than the design flood event. For example, floods with a discharge as large as or larger than the 100 year ARI flood will occur on average once every 100 years.

8. AHD as Australian Height Datum - is the adopted national height datum that generally relates to height above mean sea level. Elevation is in metres.

9. Freeboard provides a margin for safety. It allows for uncertainties in flood level estimates or for the impacts of waves from wind or passing vehicles. Freeboard generally varies between 300mm and 600mm in Victoria.

10. Nominal Flood Protection Level (NFPL) is the minimum floor level for habitable spaces and the level below which no electrical outlets or sewer openings are permitted. NFPL equals the 1% AEP flood level plus freeboard.

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DELANEY DRIVEDELANEY DRIVEDELANEY DRIVEDELANEY DRIVEDELANEY DRIVEDELANEY DRIVEDELANEY DRIVE



DELANEY DRIVEDELANEY DRIVEDELANEY DRIVEDELANEY DRIVEDELANEY DRIVEDELANEY DRIVE



DELANEY DRIVEDELANEY DRIVEDELANEY DRIVEDELANEY DRIVEDELANEY DRIVEDELANEY DRIVEDELANEY DRIVEDELANEY DRIVE

HODGE STREETHODGE STREETHODGE STREETHODGE STREETHODGE STREETHODGE STREETHODGE STREET



HODGE STREETHODGE STREETHODGE STREETHODGE STREETHODGE STREETHODGE STREET



HODGE STREETHODGE STREETHODGE STREETHODGE STREETHODGE STREETHODGE STREETHODGE STREETHODGE STREET

OSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURTOSBORNE COURT

CUMMINS ROADCUMMINS ROADCUMMINS ROADCUMMINS ROADCUMMINS ROADCUMMINS ROADCUMMINS ROAD



CUMMINS ROADCUMMINS ROADCUMMINS ROADCUMMINS ROADCUMMINS ROADCUMMINS ROAD



CUMMINS ROADCUMMINS ROADCUMMINS ROADCUMMINS ROADCUMMINS ROADCUMMINS ROADCUMMINS ROADCUMMINS ROAD

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PETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSEPETTETT CLOSE

BENDOC STREET

BENDOC STREET

BENDOC STREET

BENDOC STREET

BENDOC STREET

BENDOC STREET

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BENDOC STREET

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BENDOC STREET

BENDOC STREET

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BENDOC STREET

MUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROADMUIR ROAD

OLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROADOLLIERS ROAD

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

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WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

WATERFORD DRIVE

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NELSON STREET

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GA

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SIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROADSIMS ROAD

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Burrumbeet Creek, M

INERS REST

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ARARAT

BRANXHOLME

CASTERTON

HEYWOOD MORTLAKE

PORT FAIRY

BALLARAT

BALMORAL

GLENELG-HOPKINS CMA

79 French Street, HAMILTONVictoria 3300

Telephone (03) 5571 2526Facsimile (03) 5571 2935

Floodway (Modelled)

Floodplain (Modelled)

Miners Rest development area showing 1%AEP flood extent and minor watercourse.

Note: The flood extent shown on this map is an estimate only and should not be transferred to scaled development plans. Flood extent should always be confirmed on-site through detailed ground based survey prior to the drawing of plans for the use of the site.

8/01/2010

1 : 13489


APPENDIX EIGHT | Subdivision Application Documentation

v0.53 Application for Planning Permit 2007 VIC. Aus Page 1

Office Use Only

Application forPlanning Permit

Application No.: Date Lodged: / /

If you need help to complete this form, read How to complete the Application for Planning Permit form. How to Complete the Application for Planning Permit form.

Questions marked with an asterisk (*) are mandatory and must be completed.

If the space provided on the form is insufficient, attach a separate sheet.

Any material submitted with this application, including plans and personal information, will be made available for public viewing, including electronically, and copies may be made for interested parties for the purpose of enabling consideration and review as part of a planning process under the Planning and Environment Act 1987. If you have any concerns, please contact Council's planning department.

Planning Enquiries Phone: 03 5320 5640 Web: http://www.ballarat.vic.gov.au

Clear Form

The Land i1 Address of the land. Complete the Street Address and one of the Formal Land Descriptions.

Street Address *Unit No.: St. No.: St. Name: Waterford Drive

Suburb/Locality: Miners Rest Postcode:3352

Lot No.:

Section No.:

A No.:

OR

Crown Allotment No.: 63B & 63CB

Parish/Township Name: Dowling Forest

Lodged Plan Title Plan Plan of SubdivisionFormal Land Description * Complete either A or B. This information can be found on the certificate of title.

The ProposalYou must give full details of your proposal and attach the information required to assess the application. Insufficient or unclear information will delay your application.

For what use, development or other matter do you require a permit? * If you need help about the proposal, read: How to Complete theApplication for PlanningPermit Form

2

iSubdivision of land and associated earthwork, and vegetation removal.

Provide additional information on the proposal, including: plans and elevations; any information required by the planning scheme, requested by Council or outlined in a Council planning permit checklist; and if required, a description of the likely effect of the proposal.

Cost $ You may be required to verify this estimate.

Insert '0' if no development is proposed (eg. change of use, subdivision, removal of covenant, liquor licence)

Estimated cost of development for which the permit is required *

3

i

Existing Conditions i4 Describe how the land is

used and developed now *

eg. vacant, three dwellings, medical centre with two practitioners, licensed restaurant with 80 seats, grazing.

The land is undeveloped and traditionally has been used for crops and grazing horses and livestock.

Provide a plan of the existing conditions. Photos are also helpful.

Application for Planning Permit 2007 VIC. Aus Addendum

Need help with the Application? iIf you need help to complete this form, read How to complete the Application for Planning Permit form General information about the planning process is available at www.dpcd.vic.gov.au/planning Contact Council's planning department to discuss the specific requirements for this application and obtain a planning permit checklist. Insufficient or unclear information may delay your application.

Has there been a pre-application meeting with a Council planning officer?

8No Yes If 'yes', with whom?:Cameron Haines

Date: day / month / year

Checklist iHave you:9

Filled in the form completely?✔

Paid or included the application fee?✔Most applications require a fee to be paid. Contact Council to determine the appropriate fee.

Provided all necessary supporting information and documents?

A full, current copy of title information for each individual parcel of land forming the subject site✔

A plan of existing conditions.✔

Plans showing the layout and details of the proposal✔

If required, a description of the likely effect of the proposal (eg traffic, noise, environmental impacts).✔

Any information required by the planning scheme, requested by council or outlined in a council planning permit checklist.✔

Completed the relevant Council planning permit checklist?✔

Signed the declaration (section 7)?✔

Lodgement iLodge the completed and signed form, the fee payment and all documents with:

City of Ballarat PO Box 655 Ballarat VIC 3353 Town Hall Sturt Street Ballarat VIC 3353

Contact information: Telephone: 61 03 5320 5500 Email: [email protected] DX: AUSDOC: 35030

Save Form To Your Computer

Print Form

Deliver application in person, by fax, or by post:

Save Form:

Make sure you deliver any required supporting information and necessary payment when you deliver this form to the above mentioned address. This is usually your local council but can sometimes be the Minister for Planning or another body.

You can save this application form to your computer to complete or review later or email it to others to complete relevant sections.

SITE ADDRESS: WATERFORD DRIVE, MINERS REST ASSESSMENT AGAINST CLAUSE 56

Page 1 of 16 THE PLANNING GROUP AUSTRALIA

CLAUSE 56.02 (POLICY IMPLEMENTATION) OBJECTIVES STANDARD RESPONSE

Strategic implementation objective To ensure that the layout and design of

a subdivision is consistent with and implements any objective, policy, strategy or plan for the area set out in this scheme.

Standard C1

Standard C1 An application must be accompanied by a written statement that describes

how the subdivision is consistent with and implements any relevant growth area, activity centre, housing, access and mobility, community facilities, open space and recreation, landscape (including any native vegetation precinct plan) and urban design objective, policy, strategy or plan for the area set out in this scheme.

The subdivision application

provides full details of the proposed layout and design and its consistency in the context of the Miners Rest Outline Development Plan (ODP).

COMPLIANT CLAUSE 56.03 (LIVABLE AND SUSTAINABLE COMMUNITIES) OBJECTIVES STANDARD RESPONSE Built environment objective To create urban places with identity and

character. Standard C5

Standard C5 The built environment should:

- Implement any relevant urban design strategy, plan or policy for the area set out in this scheme.

- Provide living and working environments that are functional, safe and attractive.

- Provide an integrated layout, built form and urban landscape. - Contribute to a sense of place and cultural identity.

An application should describe the identity and character to be achieved and the elements that contribute to that identity and character.

The subdivision has been

designed with consideration to the environmental and natural features of the site and surrounding area.

The subdivision application provides full details of the proposals consistency with the characteristics of the area.

Subdivision will be generally consistent with design principles included in ODP and Miners Rest local policy.

Subdivision will provide the opportunity to establish a neighbourhood character, which respects the natural environment and the surrounding residential areas.

COMPLIANT



CLAUSE 56.04 (LOT DESIGN)

OBJECTIVES STANDARD RESPONSE Lot diversity and distribution objectives To achieve housing densities that support

compact and walkable neighbourhoods and the efficient provision of public transport services.

To provide higher housing densities within walking distance of activity centres.

To achieve increased housing densities in designated growth areas.

To provide a range of lot sizes to suit a variety of dwelling and household types.

Standard C7

Standard C7 A subdivision should implement any relevant housing strategy, plan or

policy for the area set out in this scheme. Lot sizes and mix should achieve the average net residential density

specified in any zone or overlay that applies to the land or in any relevant policy for the area set out in this scheme.

A range and mix of lot sizes should be provided including lots suitable for the development of: - Single dwellings. - Two dwellings or more. - Higher density housing. - Residential buildings and Retirement villages.

Unless the site is constrained by topography or other site conditions, lot distribution should provide for 95 per cent of dwellings to be located no more than 400 metre street walking distance from the nearest existing or proposed bus stop, 600 metres street walking distance from the nearest existing or proposed tram stop and 800 metres street walking distance from the nearest existing or proposed railway station.

Lots of 300 square metres or less in area, lots suitable for the development of two dwellings or more, lots suitable for higher density housing and lots suitable for Residential buildings and Retirement villages should be located in and within 400 metres street walking distance of an activity centre.

Lot sizes are reflective of the

natural characteristics of the area and are consistent with lot sizes in the wider area.

A range of lot sizes will be provided in the order of 472m2 to 1,646m2, the average being 641m2.

COMPLIANT

Lot area and building envelopes objective To provide lots with areas and dimensions

that enable the appropriate siting and construction of a dwelling, solar access, private open space, vehicle access and parking, water management, easements and the retention of significant vegetation and site features.

Standard C8

Standard C8 An application to subdivide land that creates lots of less than 300

square metres should be accompanied by information that shows: - That the lots are consistent or contain building envelope that is

consistent with a - development approved under this scheme, or - That a dwelling may be constructed on each lot in accordance with

the requirements Lots of between 300 square metres and 500 square metres should:

- Contain a building envelope that is consistent with a development of the lot approved under this scheme, or

- If no development of the lot has been approved under this scheme, contain a building envelope and be able to contain a rectangle measuring 10 metres by 15 metres, or 9 metres by 15 metres if a

All lots are greater than 472

square metres, and are able to contain a rectangle measuring 10 metres by 15 metres.

Given the generous lot sizes, private open space, solar access, significant vegetation features and suchlike will be easily accommodated within lots.

COMPLIANT



boundary wall is nominated as part of the building envelope. If lots of between 300 square metres and 500 square metres are

proposed to contain dwellings that are built to the boundary, the long axis of the lots should be within 30 degrees east and 20 degrees west of north unless there are significant physical constraints that make this difficult to achieve.

Lots greater than 500 square metres should be able to contain a rectangle measuring 10 metres by 15 metres, and may contain a building envelope.

A building envelope may specify or incorporate any relevant siting and design requirement.

Any requirement should meet the relevant standards of Clause 54, unless: - The objectives of the relevant standards are met, and - The building envelope is shown as a restriction on a plan of

subdivision registered under the Subdivision Act 1988, or is specified as a covenant in an agreement under Section 173 of the Act.

Where a lot with a building envelope adjoins a lot that is not on the same plan of subdivision or is not subject to the same agreement relating to the relevant building envelope: - The building envelope must meet Standards A10 and A11 of

Clause 54 in relation to the adjoining lot, and - The building envelope must not regulate siting matters covered by

Standards A12 to A15 (inclusive) of Clause 54 in relation to the adjoining lot. This should be specified in the relevant plan of subdivision or agreement.

Lot dimensions and building envelopes should protect: - Solar access for future dwellings and support the siting and design

of dwellings that achieve the energy rating requirements of the Building Regulations.

- Existing or proposed easements on lots. - Significant vegetation and site features.

Solar orientation of lots objective To provide good solar orientation of lots and

solar access for future dwellings. Standard C9

Standard C9 Unless the site is constrained by topography or other site conditions, at

least 70 percent of lots should have appropriate solar orientation. Lots have appropriate solar orientation when:

- The long axis of lots are within the range north 20 degrees west to north 30 degrees east, or east 20 degrees north to east 30 degrees

The long axis of the 27 of the 35

residential lots fall within the northern or eastern orientation identified as preferable to maximise solar access. The



south. - Lots between 300 square metres and 500 square metres are

proposed to contain dwellings that are built to the boundary, the long axis of the lots should be within 30 degrees east and 20 degrees west of north.

- Dimensions of lots are adequate to protect solar access to the lot, taking into account likely dwelling size and the relationship of each lot to the street.

remaining 8 lots have a western orientation representing 23% of lots.

The internal road layout is largely dictated by the significant constraint on the land represented by the 1:100 year flood plain and the location of Aboriginal artefacts. In addition the main road lies due west of the site. To utilise the land efficiently whilst also providing a logical street network, this results in a number of lots with a western orientation.

All lots are of such a size that excellent solar access can be achieved regardless of orientation.

COMPLIANCE WITH OBJECTIVE

Street orientation objective To provide a lot layout that contributes to

community social interaction, personal safety and property security.

Standard C10

Standard C10 Subdivision should increase visibility and surveillance by:

- Ensuring lots front all roads and streets and avoid the side or rear of lots being oriented to connector streets and arterial roads.

- Providing lots of 300 square metres or less in area and lots for 2 or more dwellings around activity centres and public open space.

- Ensuring streets and houses look onto public open space and avoiding sides and rears of lots along public open space boundaries.

- Providing roads and streets along public open space boundaries.

All lots will front or have direct

access to the road network. The majority of lots are

orientated such that houses will look onto the proposed central reserve.

The proposed internal roads of the subdivision will be adjacent to public open space.

COMPLIANT

Common area objectives To identify common areas and the purpose

for which the area is commonly held. To ensure the provision of common area is

appropriate and that necessary management arrangements are in place.

Standard C11 An application to subdivide land that creates common land must be

accompanied by a plan and a report identifying: - The common area to be owned by the body corporate, including

any streets and open space. - The reasons why the area should be commonly held.

There is no common land

created within this subdivision.

N/A



To maintain direct public access throughout the neighbourhood street network.

Standard C11

- Lots participating in the body corporate. - The proposed management arrangements including maintenance

standards for streets and open spaces to be commonly held. CLAUSE 56.05 (URBAN LANDSCAPE)

OBJECTIVES STANDARD RESPONSE Integrated urban landscape objectives To provide attractive and continuous

landscaping in streets and public open spaces that contribute to the character and identity of new neighbourhoods and urban places or to existing or preferred neighbourhood character in existing urban areas.

To incorporate natural and cultural features in the design of streets and public open space where appropriate.

To protect and enhance native habitat and discourage the planting and spread of noxious weeds.

To provide for integrated water management systems and contribute to drinking water conservation.

Standard C12

Standard C12 An application for subdivision that creates streets or public open space

should be accompanied by a landscape design. The landscape design should:

- Implement any relevant streetscape, landscape, urban design or native vegetation precinct plan, strategy or policy for the area set out in this scheme.

- Create attractive landscapes that visually emphasise streets and public open spaces.

- Respond to the site and context description for the site and surrounding area.

- Maintain significant vegetation where possible within an urban context.

- Take account of the physical features of the land including landform, soil and climate.

- Protect and enhance any significant natural and cultural features. - Protect and link areas of significant local habitat where appropriate. - Support integrated water management systems with appropriate

landscape design techniques for managing urban run-off including wetlands and other water sensitive urban design features in streets and public open space.

- Promote the use of drought tolerant and low maintenance plants and avoid species that are likely to spread into the surrounding environment.

- Ensure landscaping supports surveillance and provides shade in streets, parks and public open space.

- Develop appropriate landscapes for the intended use of public open space including areas for passive and active recreation, the exercising of pets, playgrounds and shaded areas.

- Provide for walking and cycling networks that link with community facilities.

- Provide appropriate pathways, signage, fencing, public lighting and street furniture.

- Create low maintenance, durable landscapes that are capable of a

The open space area that is

afforded by the riparian corridor of the Burrumbeet Creek and the two reserves provide the development with extensive areas of natural open space.

The creek and environs will contribute to and assist in establishing a character for the area.

Design takes account of flood line contours and as a result supports the conservation and protection of the creek area.

Landscape design and requirements can be addressed by condition.

COMPLIANT



long life. The landscape design must include a maintenance plan that sets out

maintenance responsibilities, requirements and costs. Public open space provision objectives To provide a variety of open spaces with

links to other open spaces and regional parks where possible.

To ensure that public open space of appropriate quality and quantity is provided in convenient locations to meet the recreational and social needs of the community.

To support active and healthy communities. Standard C13

Standard C13 The provision of public open space should: Implement any relevant open space plan, strategy or policy for the area

set out in this scheme. Provide a network of well-distributed regional and local open space that

includes: - Regional public open space where appropriate, including along

foreshores, streams and permanent water bodies. - Regional parks of at least 3 hectares, combining passive and active

use, within 2 kilometres of all dwellings. - Large local parks of at least 1 hectare for active and passive use,

within 500 metres safe walking distance from all dwellings. - Small local parks within 150 metres to 300 metres safe walking

distance of all dwellings, where appropriate. Include land used for drainage control or stream and floodway

purposes if generally available for recreational use. Be integrated with urban water management systems including

watercourses and water bodies. Incorporate natural and cultural features where appropriate. Encourage shared use of active open space. Adjoin schools and other community facilities where practical. Meet the social, cultural, recreational and sporting needs of the

community including different age groups and abilities. Be linked to existing or proposed future public open spaces where

appropriate. Include publicly owned plazas or parks in activity centres where

appropriate. Land provided for public open space should be: Of a quality, quantity and character that makes it fit for its potential

functions. Located so that every lot in the subdivision is within 500 metres street

walking distance of existing or proposed public open space. Related to the street and lot layout in a manner that promotes personal

safety and surveillance of users of the public open space from streets along public open space boundaries.

Large areas of open space are provided including areas of environmental and cultural significance.

Subdivision includes open space that takes advantage of the natural features particularly the local Burrumbeet Creek.

Every lot will be located within 500 metres street walking distance to public open space.

Opportunities exist to link open spaces areas within the subdivision to the existing MacArthur Park residential area.

Approx. 60% of the site is open space.

COMPLIANT



Of an area and dimensions to allow easy adaptation to different uses in response to changing community sport and recreational preferences.

CLAUSE 56.06 (ACCESS AND MOBILITY MANAGEMENT)

OBJECTIVES STANDARD RESPONSE Walking and cycling network objectives To contribute to community health and well

being by encouraging walking and cycling as part of the daily lives of residents, employees and visitors.

To provide safe and direct movement through and between neighbourhoods by pedestrians and cyclists.

To reduce car use, greenhouse gas emissions and air pollution.

Standard C15

Standard C15 The walking and cycling network should be designed to: Implement any relevant regional and local walking and cycling strategy,

plan or policy for the area set out in this scheme. Link to any existing pedestrian and cycling networks. Provide safe walkable distances to activity centres, community facilities,

public transport stops and public open spaces. Provide an interconnected and continuous network of safe, efficient and

convenient footpaths, shared paths, cycle paths and cycle lanes based primarily on the network of arterial roads, neighbourhood streets and regional public open spaces.

Provide direct cycling routes for regional journeys to major activity centres, community facilities, public transport and other regional activities and for regional recreational cycling.

Ensure safe street and road crossings including the provision of traffic controls where required.

Provide an appropriate level of priority for pedestrians and cyclists. Have natural surveillance along streets and from abutting dwellings and

be designed for personal safety and security particularly at night. Be accessible to people with disabilities.

Subdivision provides safe and

accessible walking and cycling within the development.

There are opportunities to provide cycle paths within open spaces and the road network.

The lots have been orientated to ensure natural surveillance along streets and open spaces from abutting dwellings.

COMPLIANT

Neighbourhood street network objective To provide for direct, safe and easy

movement through and between neighbourhoods for pedestrians, cyclists, public transport and other motor vehicles using the neighbourhood street network.

Standard C17

Standard C17 The neighbourhood street network must: Take account of the existing mobility network of arterial roads,

neighbourhood streets, cycle paths, footpaths and public transport routes.

Provide clear physical distinctions between arterial roads and neighbourhood street types.

Comply with the Roads Corporation’s arterial road access management policies. Provide an appropriate speed environment and movement priority for the safe and easy movement of pedestrians and cyclists and for accessing public transport.

Provide safe and efficient access to activity centres for commercial and freight vehicles.

Provide safe and efficient access to all lots for service and emergency

The street network serves only 35 lots and is thus simple and efficient.

The subdivision provides a clear and safe road network that takes account of the existing road network.

Efficient access to all lots for service and emergency vehicles has been provided through all lots having direct abuttal to a road.

The street network responds to the natural features of the land.



vehicles. Provide safe movement for all vehicles. Incorporate any necessary traffic control measures and traffic

management infrastructure. The neighbourhood street network should be designed to: Implement any relevant transport strategy, plan or policy for the area

set out in this scheme. Include arterial roads at intervals of approximately 1.6 kilometres that

have adequate reservation widths to accommodate long term movement demand.

Include connector streets approximately halfway between arterial roads and provide adequate reservation widths to accommodate long term movement demand.

Ensure connector streets align between neighbourhoods for direct and efficient movement of pedestrians, cyclists, public transport and other motor vehicles.

Provide an interconnected and continuous network of streets within and between neighbourhoods for use by pedestrians, cyclists, public transport and other vehicles.

Provide an appropriate level of local traffic dispersal. Indicate the appropriate street type. Provide a speed environment that is appropriate to the street type. Provide a street environment that appropriately manages movement

demand (volume, type and mix of pedestrians, cyclists, public transport and other motor vehicles).

Encourage appropriate and safe pedestrian, cyclist and driver behaviour.

Provide safe sharing of access lanes and access places by pedestrians, cyclists and vehicles.

Minimise the provision of culs-de-sac. Provide for service and emergency vehicles to safely turn at the end of

a dead-end street. Facilitate solar orientation of lots. Facilitate the provision of the walking and cycling network, integrated

water management systems, utilities and planting of trees. Contribute to the area’s character and identity. Take account of any identified significant features.

COMPLIANT



Walking and cycling network detail objectives To design and construct footpaths,

shared path and cycle path networks that are safe, comfortable, well constructed and accessible for people with disabilities.

To design footpaths to accommodate wheelchairs, prams, scooters and other footpath bound vehicles.

Standard C18

Standard C18 Footpaths, shared paths, cycle paths and cycle lanes should be designed to: Be part of a comprehensive design of the road or street reservation. Be continuous and connect. Provide for public transport stops, street crossings for pedestrians and

cyclists and kerb crossovers for access to lots. Accommodate projected user volumes and mix. Meet the requirements of Table C1. Provide pavement edge, kerb, channel and crossover details that support

safe travel for pedestrians, footpath bound vehicles and cyclists, perform required drainage functions and are structurally sound.

Provide appropriate signage. Be constructed to allow access to lots without damage to the footpath or

shared path surfaces. Be constructed with a durable, non-skid surface. Be of a quality and durability to ensure:

- Safe passage for pedestrians, cyclists, footpath bound vehicles and vehicles.

- Discharge of urban run-off. - Preservation of all-weather access. - Maintenance of a reasonable, comfortable riding quality. - A minimum 20 year life span.

Be accessible to people with disabilities and include tactile ground surface indicators, audible signals and kerb ramps required for the movement of people with disabilities.

Footpaths are to be provided on

both sides of the proposed road. There are opportunities to

provide for linkages to existing cycle paths or establish paths.

The subdivisional roads are16-18 metres in width to contain a carriageway of 7.6 metres exceeding applicable criteria set out in Table C1.

COMPLIANT

Public transport network detail objectives To provide for the safe, efficient

operation of public transport and the comfort and convenience of public transport users.

To provide public transport stops that are accessible to people with disabilities.

Standard C19

Standard C19 Bus priority measures must be provided along arterial roads forming part of

the existing or proposed Principal Public Transport Network in Metropolitan Melbourne and the regional public transport network outside Metropolitan Melbourne to the requirements of the relevant roads authority.

Road alignment and geometry along bus routes should provide for the efficient, unimpeded movement of buses and the safety and comfort of passengers.

The design of public transport stops should not impede the movement of pedestrians.

Bus and tram stops should have: - Surveillance from streets and adjacent lots. - Safe street crossing conditions for pedestrians and

cyclists.

Insufficient lot numbers to support a bus route.

A bus route exists presently to Miners Rest along the Sunraysia

Highway from the Ballarat City Centre.

The site has access to Wendouree Station and its park and ride facilities within a 10 minute drive providing frequent access to Melbourne and other regional centres.

COMPLIANT



- Safe pedestrian crossings on arterial roads and at schools including the provision of traffic controls as required by the roads authority.

- Continuous hard pavement from the footpath to the kerb. - Sufficient lighting and paved, sheltered waiting areas for

forecast user volume at neighbourhood centres, schools and other locations with expected high patronage.

- Appropriate signage. Public transport stops and associated waiting areas should be accessible

to people with disabilities and include tactile ground surface indicators, audible signals and kerb ramps required for the movement of people with physical disabilities.

Neighbourhood street network detail objective To design and construct street

carriageways and verges so that the street geometry and traffic speeds provide an accessible and safe neighbourhood street system for all users.

Standard C20

Standard C20 The design of streets and roads should: Meet the requirements of Table C1. Where the widths of access lanes,

access places, and access streets do not comply with the requirements of Table C1, the requirements of the relevant fire authority and roads authority must be met.

Provide street blocks that are generally between 120 metres and 240 metres in length and generally between 60 metres to 120 metres in width to facilitate pedestrian movement and control traffic speed.

Have verges of sufficient width to accommodate footpaths, shared paths, cycle paths, integrated water management, street tree planting, lighting and utility needs.

Have street geometry appropriate to the street type and function, the physical land characteristics and achieve a safe environment for all users.

Provide a low-speed environment while allowing all road users to proceed without unreasonable inconvenience or delay.

Provide a safe environment for all street users applying speed control measures where appropriate.

Ensure intersection layouts clearly indicate the travel path and priority of movement for pedestrians, cyclists and vehicles.

Provide a minimum 5 metre by 5 metre corner splay at junctions with arterial roads and a minimum 3 metre by 3 metre corner splay at other junctions unless site conditions justify a variation to achieve safe sight lines across corners.

Ensure streets are of sufficient strength to: - Enable the carriage of vehicles. - Avoid damage by construction vehicles and equipment.

The street network is simple and

efficient catering for only 35 lots. Street block lengths are

generally less than 180 metres in length.

Verges are capable of supporting footpaths, shared paths, cycle paths and all services.

The internal street network will cater for 19 lots (loop street), 8 lots (cul-de-sac). The remaining 8 lots will access onto Waterford Drive. The internal streets have been designed with 16-18 metres wide reserves which can provide for a 7.6 metre carriageway and a footpath compliant with the requirements of Table C1.

COMPLIANT



Ensure street pavements are of sufficient quality and durability for the: - Safe passage of pedestrians, cyclists and vehicles. - Discharge of urban run-off. - Preservation of all-weather access and maintenance of a

reasonable, comfortable riding quality. Ensure carriageways of planned arterial roads are designed to the

requirements of the relevant road authority. Ensure carriageways of neighbourhood streets are designed for a

minimum 20 year life span. Provide pavement edges, kerbs, channel and crossover details designed

to: - Perform the required integrated water management

functions. - Delineate the edge of the carriageway for all street users. - Provide efficient and comfortable access to abutting lots at

appropriate locations. - Contribute to streetscape design.

Provide for the safe and efficient collection of waste and recycling materials from lots.

Be accessible to people with disabilities. A street detail plan should be prepared that shows, as appropriate: The street hierarchy and typical cross-sections for all street types. Location of carriageway pavement, parking, bus stops, kerbs, crossovers,

footpaths, tactile surface indicators, cycle paths and speed control and traffic management devices.

Water sensitive urban design features. Location and species of proposed street trees and other vegetation. Location of existing vegetation to be retained and proposed treatment to

ensure its health. Any relevant details for the design and location of street furniture, lighting,

seats, bus stops, telephone boxes and mailboxes.



Lot access objective To provide for safe vehicle access

between roads and lots. Standard C21

Standard C21 Vehicle access to lots abutting arterial roads should be provided from

service roads, side or rear access lanes, access places or access streets where appropriate and in accordance with the access management requirements of the relevant roads authority.

Vehicle access to lots of 300 square metres or less in area and lots with a frontage of 7.5 metres or less should be provided via rear or side access lanes, places or streets.

The design and construction of a crossover should meet the requirements of the relevant road authority.

Lots do not gain direct access to

an arterial road and no lots are 300 sqm or less in area. Lot access to the proposed abutting road network can be readily achieved and crossovers will be in accordance with Council requirements.

COMPLIANT

CLAUSE 56.07 (INTEGRATED WATER MANAGEMENT)

OBJECTIVES STANDARD RESPONSE Drinking water supply objectives To reduce the use of drinking water. To provide an adequate, cost-effective

supply of drinking water. Standard C22

Standard C22 Reused and recycled water supply systems must be: Designed, constructed and managed in accordance with the requirements

and to the satisfaction of the relevant water authority, Environment Protection Authority and Department of Human Services.

Provided to the boundary of all lots in the subdivision where required by the relevant water authority.

The subdivision will be

connected to the reticulated water system managed by Central Highlands Water.

N/A

Reused and recycled water objective To provide for the substitution of drinking

water for non-drinking purposes with reused and recycled water.

Standard C23

Standard C23 Reused and recycled water supply systems must be: Designed, constructed and managed in accordance with the requirements

and to the satisfaction of the relevant water authority, Environment Protection Authority and Department of Human Services.

Provided to the boundary of all lots in the subdivision where required by the relevant water authority.

Not available at this time.

N/A

Waste water management objective To provide a waste water system that is

adequate for the maintenance of public health and the management of effluent in an environmentally friendly manner.

Standard C24

Standard C24 Waste water systems must be: Designed, constructed and managed in accordance with the requirements

and to the satisfaction of the relevant water authority and the Environment Protection Authority.

Consistent with any relevant approved domestic waste water management plan.

Reticulated waste water systems must be provided to the boundary of all lots in the subdivision where required by the relevant water authority.

The subdivision will be connected to the municipal waster water system.

COMPLIANT



Urban run-off management objectives To minimise damage to properties and

inconvenience to residents from urban run-off.

To ensure that the street operates adequately during major storm events and provides for public safety.

To minimise increases in stormwater run-off and protect the environmental values and physical characteristics of receiving waters from degradation by urban run-off.

Standard C25

Standard C25 The urban stormwater management system must be: Designed and managed in accordance with the requirements and to the

satisfaction of the relevant drainage authority. Designed and managed in accordance with the requirements and to the

satisfaction of the water authority where reuse of urban run-off is proposed. Designed to meet the current best practice performance objectives for

stormwater quality as contained in the Urban Stormwater – Best Practice Environmental

Management Guidelines (Victorian Stormwater Committee 1999) as amended.

Designed to ensure that flows downstream of the subdivision site are restricted to predevelopment levels unless increased flows are approved by the relevant drainage authority and there are no detrimental downstream impacts.

The stormwater management system should be integrated with the overall development plan including the street and public open space networks and landscape design. For all storm events up to and including the 20% Average Exceedence Probability (AEP) standard: Stormwater flows should be contained within the drainage system to the

requirements of the relevant authority. Ponding on roads should not occur for longer than 1 hour after the

cessation of rainfall. For storm events greater than 20% AEP and up to and including 1% AEP standard: Provision must be made for the safe and effective passage of stormwater

flows. All new lots should be free from inundation or to a lesser standard of flood

protection where agreed by the relevant floodplain management authority. Ensure that streets, footpaths and cycle paths that are subject to flooding

meet the safety criteria da Vave < 0.35 m2/s (where, da = average depth in metres and Vave = average velocity in metres per second).


The urban stormwater

management system will be designed and managed in accordance with the requirements of the relevant drainage authority and can be adequately addressed by condition.

COMPLIANT



Ensure run-off is retarded to a standard required by the responsible drainage authority.

Ensure every lot is provided with drainage to a standard acceptable to the relevant drainage authority. Wherever possible, run-off should be directed to the front of the lot and discharged into the street drainage system or legal point of discharge.

Ensure that inlet and outlet structures take into account the effects of obstructions and debris build up. Any surcharge drainage pit should discharge into an overland flow in a safe and predetermined manner.

Include water sensitive urban design features to manage run-off in streets and public open space. Where such features are provided, an application must describe maintenance responsibilities, requirements and costs.

Any flood mitigation works must be designed and constructed in accordance with the requirements of the relevant floodplain management authority.

CLAUSE 56.08 (SITE MANAGEMENT) OBJECTIVES STANDARD RESPONSE Site management objectives To protect drainage infrastructure and

receiving waters from sedimentation and contamination.

To protect the site and surrounding area from environmental degradation or nuisance prior to and during construction of subdivision works.

To encourage the re-use of materials from the site and recycled materials in the construction of subdivisions where practicable.

Standard C26

Standard C26 A subdivision application must describe how the site will be managed prior

to and during the construction period and may set out requirements for managing:

- Erosion and sediment. - Dust. - Run-off. - Litter, concrete and other construction wastes. - Chemical contamination. - Vegetation and natural features planned for retention.

Recycled material should be used for the construction of streets, shared paths and other infrastructure where practicable.

Site Management Plan will be

provided as a condition of permit.

COMPLIANT



CLAUSE 56.09 (UTILITIES) OBJECTIVES STANDARD RESPONSE Shared trenching objectives To maximise the opportunities for shared

trenching. To minimise constraints on landscaping

within street reserves. Standard C27

Standard C27 Reticulated services for water, gas, electricity and telecommunications should be provided in shared trenching to minimise construction costs and land allocation for underground services.

Services to be provided in most

cost efficient manner.

COMPLIANT

Electricity, telecommunications and gas objectives To provide public utilities to each lot in a

timely, efficient and cost effective manner.

To reduce greenhouse gas emissions by supporting generation and use of electricity from renewable sources.

Standard C28

Standard C28 The electricity supply system must be designed in accordance with the

requirements of the relevant electricity supply agency and be provided to the boundary of all lots in the subdivision to the satisfaction of the relevant electricity authority.

Arrangements that support the generation or use of renewable energy at a lot or neighbourhood level are encouraged.

The telecommunication system must be designed in accordance with the requirements of the relevant telecommunications servicing agency and should be consistent with any approved strategy, policy or plan for the provision of advanced telecommunications infrastructure, including fibre optic technology. The telecommunications system must be provided to the boundary of all lots in the subdivision to the satisfaction of the relevant telecommunications servicing authority.

Where available, the reticulated gas supply system must be designed in accordance with the requirements of the relevant gas supply agency and be provided to the boundary of all lots in the subdivision to the satisfaction of the relevant gas supply agency.

Services to be provided as per

standard.

COMPLIANT

Fire hydrants objective To provide fire hydrants and fire plugs in

positions that enable fire fighters to access water safely, effectively and efficiently.

Standard C29

Standard C29 Fire hydrants should be provided: A maximum distance of 120 metres from the rear of the each lot. No more than 200 metres apart. Hydrants and fire plugs must be compatible with the relevant fire service

equipment.

Fire hydrants to be provided as

per standard. Services to be provided as per

standard.

COMPLIANT Public lighting objective To provide public lighting to ensure the

safety of pedestrians, cyclists and vehicles.

To provide pedestrians with a sense of personal safety at night.

Standard C30 Public lighting should be provided to streets, footpaths, public telephones,

public transport stops and to major pedestrian and cycle paths including public open spaces that are likely to be well used at night to assist in providing safe passage for pedestrians, cyclists and vehicles.

Public lighting should be designed in accordance with the relevant

Lighting to be provided as per

standard.

COMPLIANT



To contribute to reducing greenhouse gas emissions and to saving energy.

Standard C30

Australian Standards. Public lighting should be consistent with any strategy, policy or plan for the

use of renewable energy and energy efficient fittings.

PLANNING SCHEME AMENDMENT

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