(Council Approved) DRAFT Strategy for Substantial Trees in Banyule s Garden Court & Garden Suburban Neighbourhoods

Transcription

1 (Council Approved) DRAFT Strategy for Substantial Trees in Banyule s Garden Court & Garden Suburban Neighbourhoods Draft_V4.1_16 Apr 2013

2 DRAFT Document History Version Details Notes Date Preliminary Strategy for Substantial Trees in Banyule s Garden Court and Garden Suburban Neighbourhoods Prepared for Council Meeting 14/12/2009 Interim Strategy for Substantial Trees in Banyule s Garden Court and Garden Suburban Neighbourhoods Peer Review: Interim Strategy for Substantial Trees in Banyule s Garden Court and Garden Suburban Neighbourhoods (by Tony Hall) Submitted to Minister for Planning together with request for the application of Section 20 (4) of the Planning and Environment Act 1987 to amend the Banyule Planning Scheme with an interim VPO control (C75). 15/10/ /11/2012 Peer Review and editorial: (Draft) Strategy for Substantial Trees in Banyule s Garden Court and Garden Suburban Neighbourhoods (by Planisphere) (Draft) Strategy for Substantial Trees in Banyule s Garden Court and Garden Suburban Neighbourhoods_Version 4 Approved by Council Noted at meeting - minor modifications to Strategy to continue up until finalisation of Public Exhibition Version. 15/02/ /04/2013 Approved ((Draft) Strategy for Substantial Trees in Banyule s Garden Court and Garden Suburban Neighbourhoods_Version 4.1 Public Exhibition Version 16/04/2013 Acknowledgments In preparing this Strategy we would like to acknowledge the following: Planisphere (planning and urban design consultancy), as a peer reviewer and editor of the Substantial Tree Strategy, author of the supporting case studies and analysis report and reviewer of existing temporary Vegetation Protection Overlay Schedule 5. Professor Tony Hall BSc MA PhD FRTPI (Griffith University), as a peer reviewer, foreword author and contributor to the Substantial Tree Strategy. Development Planning Arborists (Banyule City Council). Development Planning Coordinator (Banyule City Council). GIS Officer (Banyule City Council). Biodiversity Education Officer (Banyule City Council). Strategic Planning Team (Banyule City Council). Strategic Planning (draft) Strategy for Substantial Trees_V4.1 Infovision Ref: Last Amended: 16/04/2013 Page 2 of 76

3 DRAFT Foreword Trees play a very significant role in urban areas. Their aesthetic appeal, ability to enclose space and soften built environments contributes to the visual character of neighbourhoods, something that is well attested to by public opinion, as well as academic studies. Trees also have a vital environmental function that receives much less public attention. The softlandscaped areas where they grow absorb storm water and control its flow. This retained moisture, together with the transpiration and shade provided by the trees, has a cooling affect not only on spaces but also on nearby buildings so reducing their energy consumption in summer and the impact of hotter days. The trees absorb carbon compounds and other pollutants. Trees also form part of an urban ecosystem that hosts a very wide degree of biodiversity and provides an essential habitat for some species. Regrettably, these various contributions are under threat. As trees age, unless they are nurtured they will prematurely die and when their removal is eventually warranted - replacement planting is needed if an urban area is to retain and enhance its visual appeal and environmental attributes. Living under and around trees helps us connect with nature and appreciate that we are connected to a wider environment. Aging and growing up with nature around our homes is important for our wellbeing. Consequently, designing for our new and modified homes calls for a well considered approach for integrating trees, their replacements and new trees into our landscaped spaces around our homes and through our neighbourhoods. This Strategy follows current best practice thinking, emerging from academia, and gives Banyule Council a solid platform for neighbourhoods to have their homes in and around Substantial Trees in the future. Tony Hall, author of The Life and Death of the Australian Backyard Winner of the Planning Institute of Australia Award for Excellence in Planning in Cutting Edge Research and Teaching Strategic Planning (draft) Strategy for Substantial Trees_V4.1 Infovision Ref: Last Amended: 16/04/2013 Page 3 of 76

4 DRAFT Executive Summary The City of Banyule currently has a level of permanent protection for trees within its Planning Scheme however a permanent planning control is not in place in the west of the municipality (in respective Garden Court and Garden Suburban neighbourhoods, as defined by the 2012 Banyule Neighbourhood Character Strategy). This Strategy provides the context for Council s position on protecting and enabling the amount of geographical cover provided to Garden Court and Garden Suburban neighbourhoods by Substantial Trees. Substantial Trees are large trees with a height of 12m and above and/or with a trunk diameter measured at 1.4m above the base of the tree of 0.4m. They are generally older and well established, contributing significantly to their local environment in many ways. The importance placed on Substantial Trees is described in detail in this Strategy around five (5) key policy themes which focus on: contribution to (1) Neighbourhood Character & Local Identity, provision of important (2) Habitat Links & Wildlife Corridors, the longevity of valuable (3) Remnant Overstorey Vegetation, the role and value attributed to (4) Exotic and Non-Indigenous Native Trees, and; localised impacts which assist in to (5) Stability in the Local Environment. Under each policy theme is the policy direction and objectives to safeguard and enhance the future of Substantial Trees in the City. Objectives include: Retain, protect and promote further planting for Substantial Trees for the purposes of: o Retaining and improving local neighbourhood character. o Safeguarding vegetation that represents the cultural and environmental history of the City o Providing and retaining habitat links and movement corridors. o Providing biodiversity and a source of genetic material for the re-establishment of the natural heritage of the City. o Shading and cooling. o Sustainable storm water drainage. o Carbon sequestration. Assist with ensuring that residential development does not compromise the long-term protection and retention of on site and nearby Substantial Trees on adjacent properties. The Strategy progresses from earlier analysis of potential planning scheme mechanisms and recommends making an interim (temporary) planning control; Vegetation Protection Overlay (Schedule 5) a permanent control. This Overlay (VPO5) has applied across respective Garden Court and Garden Suburban neighbourhoods since November 2010 and instigates permit trigger requirements for the removal and/or lopping of trees which meet the parameters for a Substantial Tree described above. A planning scheme amendment will be required to introduce a permanent VPO5 into the Banyule Planning Scheme and will require the Schedule and this Substantial Tree Strategy to be publically exhibited. Strategic Planning (draft) Strategy for Substantial Trees_V4.1 Infovision Ref: Last Amended: 16/04/2013 Page 4 of 76

5 DRAFT Introduction Banyule City Council and its local community, put priority to the continued protection of Banyule s environment, particularly the trees that contribute to the liveability of neighbourhoods from an environmental, built landscape and aesthetic (local character) perspective. This Strategy provides the policy framework to improve the protection, retention and planting of large trees in various Garden Court and Garden Suburban neighbourhoods across the west of Banyule. These are neighbourhoods where: European settlement and ongoing land development has substantially affected the quality and diversity of the pre-settlement woodland vegetation communities. There is currently limited permanent vegetation protection in the Banyule Planning Scheme (please refer to Map 1 below for more detail on existing planning scheme provisions). The preferred future character (as defined by the Neighbourhood Character Strategy, 2012) seeks to protect existing trees that contribute to the environmental, landscape or aesthetic character. Map 1: Banyule Planning Scheme Permanent and Interim Planning Controls for Tree Protection Strategic Planning (draft) Strategy for Substantial Trees_V4.1 Infovision Ref: Last Amended: 16/04/2013 Page 5 of 76

6 DRAFT In Banyule s Garden Court and Garden Suburban neighbourhoods the remaining prominent vegetation is comprised of large exotic, native or local indigenous trees. For the purposes of this Strategy this prominent vegetation is known as Substantial Trees which are 12m and above in height and/or have a diameter of 0.4m when measured at 1.4m above the base of the tree (these measurements are discussed in more detail later in the Implementation Section of this report). It is Council s strategic direction to better protect and provide for Substantial Trees in these neighbourhoods and to use the Banyule Planning Scheme as the preferred avenue to achieve this. The relevant State Government Practice Note (Vegetation Protection in Urban Areas VPP Practice Note (August 1999) indicates that: Vegetation can make an important contribution to the urban environment.vegetation may also be important to the community in defining and contributing to the character of a city, suburb or township. Substantial Trees are important. They support the local identity of activity areas and the character of residential neighbourhoods. They contribute to streetscapes, define the skyline of ridgelines and are prominent in backdrops and vistas across neighbourhoods. They help to manage the local micro climate, sustain biodiversity through providing links and wildlife corridors, and present several areas of intact remnant native vegetation (which may consist of rare or threatened species). Other Substantial Trees are exotic or Australian native trees that add to Banyule s urban landscape. Dr Greg Moore of the University of Melbourne prepared an article in 2009 entitled People, Trees, Landscapes and Climate Change which provides a contemporary understanding of the role and value of large trees in urban environments. These considerations regard climatic and environmental benefits, social benefits, and economic benefits respectively. In his article Moore states that this: is the century of the environment and the value of trees and vegetation will inevitably rise as people become more aware of the elements of a sustainable urban environment. Tony Hall, of Griffith University, discussed the importance of larger trees in his paper Where have all the gardens gone? An Investigation into the disappearance of back yards in the newer Australian suburb (August, 2007): Where they [trees] grow to a significant height, they will provide useful shade and enclosure of space, constituting towards the aesthetics and microclimate, where they [trees] remain small, this will not occur. For the beneficial effects on aesthetics, microclimate and control of run-off to be achieved overall, a reasonably uniform distribution [of trees in backyards and on the street] is required. Where street trees remain small, or are absent entirely, the general problem of lack of tree coverage will be aggravated. Strategic Planning (draft) Strategy for Substantial Trees_V4.1 Infovision Ref: Last Amended: 16/04/2013 Page 6 of 76

7 DRAFT Many of these larger trees are on private land that is zoned for residential purposes in the Planning Scheme. Whilst tree protection is important, it is also Council policy to support housing growth in appropriate areas (reflected in Clause 21.06, Built Environment of the Banyule Planning Scheme). Rescode goes someway to consider trees on site, however more control and guidance is needed to compliment Rescode and ensure the preferred future character of neighbourhoods is more effectively enabled for tree protection. Based on this, in November 2010 a temporary VPO5, which instigates a permit trigger so Council can effectively manage removal and replacement of Substantial Trees, was applied to the City s respective Garden Court and Garden Suburban Neighbourhoods. Council s Neighbourhood Character Strategy and respective Local Policy at Clause (Residential Neighbourhood Character) further enables tree protection and planting in Garden Court and Garden Suburban Precincts through the description of objectives and design responses to assist in achieving the preferred future character of these neighbourhoods. This Strategy has been informed by the analysis of the temporary VPO5 control and provides the strategic justification to apply a permanent VPO5. This control is intrinsically linked to 5 policy themes and their respective objectives; these themes being: 1. Neighbourhood Character & Local Identity 2. Habitat Links & Wildlife Corridors 3. Remnant Overstorey Vegetation 4. Exotic and Non-Indigenous Native Trees 5. Stability in the Local Environment Strategic Planning (draft) Strategy for Substantial Trees_V4.1 Infovision Ref: Last Amended: 16/04/2013 Page 7 of 76

8 Policy Context DRAFT Banyule City Plan Council s vision is for Banyule, a green, liveable and prosperous city, sustaining a healthy and engaged community. The City Plan was developed under the 5 themes of People, Planet, Place, Prosperity and Participation. Under each of these themes are key strategic directions and objectives which will best achieve this vision. Two themes of particular relevance to the Substantial Tree Strategy are Planet and Place. Theme: Planet Objective: Environmental sustainability. Conduct Council activities in a sustainable manner, and practice sound stewardship of the natural environment to ensure its diversity, protection and enhancement. Key Direction: Protect and enhance our natural environment. Focus Areas: (1) Green Banyule by sustaining and growing the number of trees, and protecting existing tree stock, particularly significant trees. (2) Protect and enhance our wildlife corridors by increasing the cover of indigenous and appropriate vegetation across the municipality. (3) Protect our natural environment through statutory and strategic planning. Theme: Place Objective: Sustainable amenity and built environment. Enable Banyule s buildings, places and spaces to be more sustainable. Key Direction: Support the character of neighbourhoods and guide growth to accessible places. Focus Areas: (1) Promote the preferred character of neighbourhoods. Metropolitan Strategy At present an Advisory Committee appointed by the Minister is developing a new Metropolitan Strategy for Melbourne. This strategic plan will guide the growth and development of Melbourne over the next 30 to 40 years. A Discussion Paper was released by the Committee in October 2012 and is currently out for public exhibition. The Paper identifies nine principles to inform the Metropolitan Strategy (anticipated to be delivered in Spring 2013). Of relevance it is considered that this Substantial Tree Strategy aligns with three of these principles including: a Distinctive Melbourne, Environmental Resilience and Living Locally, a 20 minute city. Principle 1: A Distinctive Melbourne People are justifiably proud of their areas.parts of middle and outer Melbourne have not been deigned or managed to reach their full potential.melbourne can build on its tradition of good design and reinforce local distinctiveness to create many more attractive places to meet community expectations. Strategic Planning (draft) Strategy for Substantial Trees_V4.1 Infovision Ref: Last Amended: 16/04/2013 Page 8 of 76

9 DRAFT Under key issues and possible opportunities : One of Melbourne s highly valued characteristics is its leafy green suburbs. Many suburban areas are noted for their beautiful tree lined streets and attractive open spaces. Directing development into more targeted areas with a clearer definition of the scale of change intended will allow these qualities to be better protected and enhanced. Principle 5: Environmental Resilience Melbourne needs to become more environmentally resilient. We need to respond to changing environmental and climate conditions and ensure development does not undermine natural values. Under key issues and possible opportunities : Dense urban areas can be up to four degrees warmer that surrounding rural areas. Called the urban heat island effect, this means greater cooling costs and an adverse effect on some people s health. Protecting biodiversity requires strategies to:...maintain and extend ecological connectivity across the city on public and private land. Principle 7 Living locally a 20 minute city Accessible, safe and attractive local areas.will help make Melbourne a healthier, more inclusive City While individuals can act to address the sustainability of their own houses, encouraging a neighbourhood approach to sustainability has the potential to make the process easier and more effective. Under ideas and aspirations for change : Melbourne is a suburban city and that will not change. The environmental performance of suburbs can be dramatically improved.trees are highly valued in Melbourne s suburbs. The tree canopy of the city could be increased with significant environmental and aesthetic benefits. Melbourne could increase tree cover in parkland and along waterways by planting more street trees, including fruit bearing trees, throughout its neighbourhoods. The importance of trees is further highlighted in Figure 13 of the Paper which lists the benefits of trees being: Reinforces sense of place and city identity. Improves community cohesion. Reduces sun exposure providing shading and cooling. Enables energy savings. Enables health savings. Reduces air pollution. Provides habitat and greater biodiversity. Encourages outdoor activity. Reconnects children with nature. Reduces heat-related illnesses. Reduces flows and nutrients in storm water. Strategic Planning (draft) Strategy for Substantial Trees_V4.1 Infovision Ref: Last Amended: 16/04/2013 Page 9 of 76

10 Improves mental wellbeing. Increases property values. Assists in carbon trading. Avoids costs of infrastructure damage. DRAFT State Planning Policy Framework There are several Policy directions and objectives in the SPPF which describe the significance and importance of protecting trees from a range of perspectives (landscape, biodiversity, aesthetics, sense of place, natural heritage etc) and for many reasons. Clause 12 Environmental and Landscape Values Planning should help to protect the health of ecological systems and the biodiversity they support (including ecosystems, habitats, species and genetic diversity) and conserve areas with identified environmental and landscape values Planning should protect sites and features of nature conservation, biodiversity, geological or landscape value. Clause Protection of habitat Objective To assist 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. Strategies Ensure that the siting of new buildings and works minimises the removal or fragmentation of native vegetation. Consider the need to protect waterways and soil from degradation that may result from the loss of native vegetation Clause Native vegetation management Objective To achieve a net gain in the extent and quality of native vegetation. Strategies Apply the three step process as set out by Victoria s Native Vegetation Management a Framework for Action. These are: Step 1: As a priority, avoid adverse impacts on native vegetation, particularly through clearance. If the removal of native vegetation can not be avoided: Step 2: Minimise impacts through appropriate consideration in the planning process and expert input to project design or management; and Step 3: Identify appropriate offset options. Clause Landscapes Objective To protect landscapes and significant open spaces that contribute to character, identity and sustainable environments. Strategies Recognise the natural landscape for its aesthetic value and as a fully functioning system. Strategic Planning (draft) Strategy for Substantial Trees_V4.1 Infovision Ref: Last Amended: 16/04/2013 Page 10 of 76

11 DRAFT Ensure natural key features are protected and enhanced. Clause 13 Environmental Risks Planning should adopt a best practice environmental management and risk management approach which aims to avoid or minimise environmental degradation and hazards. Planning should identify and manage the potential for the environment, and environmental changes, to impact upon the economic, environmental or social well-being of society. Clause 15 Built Environment and Heritage Planning should ensure all new land use and development appropriately responds to its landscape, valued built form and cultural context, and protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value. Creating quality built environments supports the social, cultural, economic and environmental wellbeing of our communities, cities and towns. Land use and development planning must support the development and maintenance of communities with adequate and safe physical and social environments for their residents, through the appropriate location of uses and development and quality of urban design. Planning should achieve high quality urban design and architecture that: Contributes positively to local urban character and sense of place. Reflects the particular characteristics, aspirations and cultural identity of the community. Enhances liveability, diversity, amenity and safety of the public realm. Promotes attractiveness of towns and cities within broader strategic contexts. Minimises detrimental impact on neighbouring properties. Clause Urban design Objective To create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity. Strategies Require development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate. Require development to include a site analysis and descriptive statement explaining how the proposed development responds to the site and its context. Encourage retention of existing vegetation or revegetation as part of subdivision and development proposals. Clause Neighbourhood and subdivision design Objective To ensure the design of subdivisions achieves attractive, liveable, walkable, cyclable, diverse and sustainable neighbourhoods. Strategies Creating a strong sense of place because neighbourhood development emphasises existing cultural heritage values, well designed and attractive built form, and landscape character. Protecting and enhancing native habitat. Strategic Planning (draft) Strategy for Substantial Trees_V4.1 Infovision Ref: Last Amended: 16/04/2013 Page 11 of 76

12 DRAFT Clause Cultural identity and neighbourhood character Objective To recognise and protect cultural identity, neighbourhood character and sense of place. Strategies Ensure development responds and contributes to existing sense of place and cultural identity. Ensure development recognises distinctive urban forms and layout and their relationship to landscape and vegetation. Ensure development responds to its context and reinforces special characteristics of local environment and place by emphasising: o The underlying natural landscape character. o The heritage values and built form that reflect community identity. o The values, needs and aspirations of the community. Clause Energy and resource efficiency Objective To encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions. Strategies Ensure that buildings and subdivision design improves efficiency in energy use. Clause Housing affordability Objective To deliver more affordable housing closer to jobs, transport and services. Strategies Improve housing affordability by: Promoting good housing and urban design to minimise negative environmental impacts and keep down costs for residents and the wider community. Municipal Strategic Statement Clause 21 of the Banyule Planning Scheme provides the context and policy basis for the protection and enhancement of important trees within the City. Clause Vision Banyule will be regarded as a city offering a range of quality lifestyles in an urban setting enhanced by the natural environment, and served by an efficient and committed Council. Objectives Environmental Management: To manage the natural and built environment to ensure its diversity and well-being for present and future generations. Strategic Planning (draft) Strategy for Substantial Trees_V4.1 Infovision Ref: Last Amended: 16/04/2013 Page 12 of 76

13 DRAFT Based on qualities which currently characterise the city and which are valued by the community, a series of principles has been developed to inform the vision for future land use and development in Banyule. Principles: Diversity - Maintain, support and enhance the diversity of population, land use and development and natural environment which give Banyule its distinctive character. Amenity - Promote a safe, pleasant and attractive municipality. Accessibility - Promote safe and efficient access to services and facilities for all people within the municipality. Community - Promote a strong sense of community and foster a strong identity for Banyule. Sustainability - Promote land use and development which is economically and ecologically sustainable. Quality - Maintain and enhance the quality of life, resources, design and services within Banyule. Clause Natural Environment Under this Clause the following key issue is highlighted - the rehabilitation and enhancement of remnant habitats is needed for a number of threatened indigenous species. Promoting their survival requires linking areas of natural habitat. Under Objective 1 (Flora, fauna & habitat) relevant strategies include; link open spaces, discourage land use and development that detrimentally effects Banyule s environmental or conservation values, protect and enhance the amenity of Banyule s diverse landscape values, protect remnant vegetation and natural habitat and encourage and provided environmental linkages between areas of natural habitat. An implementation mechanism to achieve this is to apply Vegetation Protection Overlays for specific sites and areas containing significant vegetation Built Environment Under this Clause a list of key issues for the Built Environment include specific reference to the importance of trees in our urban environments: The significant contribution that vegetation makes to the environmental quality and character of neighbourhoods is often overlooked or misunderstood. Significant trees, Substantial Trees and other vegetation make a contribution to the desired future character of residential neighbourhoods, identity of Activity Centres, landscape character, streetscapes, habitat links and biodiversity. Residential neighbourhoods and Activity Centres on the west-side of the Plenty River have fewer trees than those on the east-side of the river. There are opportunities to further protect and improve vegetation on the west-side of the river. Strategic Planning (draft) Strategy for Substantial Trees_V4.1 Infovision Ref: Last Amended: 16/04/2013 Page 13 of 76

14 DRAFT Some new development fails to consider the broader role of significant trees, Substantial Trees and other vegetation as a contributor to; biodiversity, greenhouse gases absorption, water sensitive design and the shading of buildings and spaces. The impact of the urban heat island effect can be managed by improving shade and shelter onto buildings and public places. Tree protection and further planting helps to manage this impact. Under the various objectives of this Clause the following are of particular relevance: Objective 2 Character and identity Encourage the retention and planting of significant trees, substantial trees and other vegetation to protect and improve the landscape character, streetscapes, habitat links and biodiversity of the area. Objective 3 Sustainable design Support the retention of significant trees and the planting of trees and other vegetation. Encourage tree protection and the planting of trees in locations that help to minimise the urban heat island effect by providing shade and shelter for dwellings and public spaces. Under Clause Residential Areas Framework guidelines are provided for all forms of residential areas. How residential development responds to neighbourhood character and trees is prescribed under each defined residential area. Of note and relevant to Garden Court and Garden Suburban neighbourhoods are the described visions for Accessible and Incremental residential areas: Accessible Development must make a positive contribution to the desired future neighbourhood character, including opportunities for tree protection and planting. Incremental Large enough to make a significant contribution to the provision of a diversity of housing types in the area and space for.landscaping, including the planting of substantial trees, at streetscapes, boundaries and between buildings. Development must make a positive contribution to the desired future neighbourhood character, including opportunities for tree protection and planting. Local Planning Policy Framework At Clause of the Planning Scheme is the local policy for Residential Neighbourhood Character. This policy implements the City of Banyule Neighbourhood Character Strategy 1999 and accompanying Precinct brochures. The Strategy was revised, updated and approved by Council in July At the time of writing, Banyule is awaiting a response from the Minister for Planning to Amendment C68. This Amendment is pursuing a final outcome for the 2012 Neighbourhood Character Strategy and an updated Clause The updated Clause will accurately reflect the updates provided by the Strategy including the incorporation of housing Strategic Planning (draft) Strategy for Substantial Trees_V4.1 Infovision Ref: Last Amended: 16/04/2013 Page 14 of 76

15 DRAFT change areas as detailed in Clause Residential Areas Framework. Throughout this report the respective Neighbourhood Character Strategy and Residential Neighbourhood Character Local Policy (C22.02) referred to are the most recent versions currently with the Minister for Planning. Council s Neighbourhood Character Strategy identifies five broad character areas in the City (Bush Garden, Semi Bush, Bush Woodland, Garden Court and Garden Suburban areas), and each character area is divided into precincts principally defined by the distinctive relationship of dwellings to landscape and era and style of development. These precincts are illustrated in Map 2 below. Clause identifies the key existing characteristics (including highlighting the role and importance of trees in local character). These existing characteristics are described in more detail under the Strategy section of this report, Policy Theme 1 Neighbourhood Character & Local Identity. BG = Bush Garden SB = Semi Bush BW = Bush Woodland GC = Garden Court GS = Garden Map 2: Neighbourhood Character Precincts as defined by the 2012 Neighbourhood Character Strategy Strategic Planning (draft) Strategy for Substantial Trees_V4.1 Infovision Ref: Last Amended: 16/04/2013 Page 15 of 76

16 DRAFT Note: the extent of VPO5 is also demonstrated on Map 2 which illustrates which Neighbourhood Character Precincts are affected by the Overlay. These are Garden Court Precincts 1 and 2 AND Garden Suburban Precincts 1, 2, 3 and 6. In addition Clause describes the future desired character of the City s residential areas and includes objectives and design responses for new development to ensure that it compliments and respects that character. These guidelines provide a level of focus to retaining and planting trees as well as the importance of a building s location with respect to trees. They are described in more detail in Appendix 2 as they relate to each relevant neighbourhood precent. The following provides an example of preferred future character as it relates to trees in Garden Suburban Precinct 1 provided below. Where a permit is required to develop or subdivide land, it is policy to take the following statement into account when considering any application. Statement of Preferred Future Neighbourhood Character (Garden Suburban Precinct 1) The character of the precinct is to be retained and enhanced by: Positioning new buildings.with sufficient space for tree planting. Encouraging the planting of indigenous trees and understorey vegetation.where appropriate to enhance the existing wildlife links in the area and landscape setting of the precinct. Designing site layouts (including basements) with spacing around dwellings that allows for the retention of trees and the planting and future growth of trees to maturity. Protecting and enhancing spines of trees along neighbouring rear yards. Providing permeable front boundary treatments coupled with vegetated front gardens. Landscaping the front setback to improve the garden setting. Protecting and enhancing the scenic and environmental qualities of the treed ridgelines. Maintaining and enhancing avenues of street trees, as well as views of trees on private property from the street. Outside Accessible Areas (Garden Suburban Precinct 1) These areas will protect and enhance the garden suburban character of the precinct with an emphasis on protecting trees and creating new opportunities for vegetation throughout sites. They will provide for a mix of well-designed single dwellings and medium density dwellings in garden settings, with space around and between dwellings to create an attractive, treed landscape setting. Accessible Areas (Garden Suburban Precinct 1) These areas will accommodate change in a manner that retains and enhances the garden suburban character of the precinct. All developments will contribute to an enhanced treed environment, including opportunities for tree protection and planting, whilst providing for town houses and other medium density dwellings, as well as some dispersed single dwellings. Canopy trees and understorey vegetation will continue to contribute to the character of the area, particularly in front setbacks to reinforce the character of the street, and along rear boundaries to soften the interface between dwellings. The site coverage may be greater for accessible areas as long as tree and vegetation protection is achieved. The treed and spacious feel of the streetscape character will be retained and enhanced Strategic Planning (draft) Strategy for Substantial Trees_V4.1 Infovision Ref: Last Amended: 16/04/2013 Page 16 of 76

17 DRAFT by ensuring front setbacks are large enough to plant a large tree and other vegetation. Building heights may also be increased for these developments, with the higher components generally positioned to front onto the street, and recessed from the lower levels to reduce their visual prominence and provide space for tree canopies. Objectives and Design Responses (Garden Suburban Precinct 1) Objective To maintain consistency of current front setbacks whilst enable tree planting in front gardens. Design Response Dwellings should be setback in line with the predominant front setback of dwellings along the street. In accessible areas only, a reduced front setback for new buildings (including basements) may be acceptable, if this respects the predominant front setback of nearby dwellings and supports the planting and future growth of a large tree to maturity. Objective To maintain the openness of front boundary treatments and the presentation of dwellings to the street Design Response Utilise vegetation as an alternative to front fencing wherever possible. Front fences should otherwise be low and permeable. Objective To maintain and strengthen the garden and tree dominated streetscape character and the landscaped setting of the precinct. Design Response Retain existing trees wherever possible. If this cannot be achieved, or a tree is considered appropriate for removal, the site should provide adequate space for offset planting of indigenous or native trees that will grow to a mature height similar to the mature height of the tree to be removed. One (1) medium to large tree should be provided for every 400 sq.m of site area, with a preference for large trees. This may include existing trees that are worthy of retention. At least one of the large trees should be provided in the front setback. Buildings (including basements) should be a sufficient distance from at least one side or rear property boundary to enable the planting and growth of medium to large trees. These setbacks should provide sufficient area for future growth of the mature canopy of trees, and understorey planting. If more than one dwelling is proposed on a site outside an accessible area, sufficient separation should be provided between each dwelling to allow for the planting and future growth of small to medium trees and understorey vegetation. Tree species and planting locations should be carefully selected to avoid canopy or root conflicts with overhead wires, easements and existing trees. Building site coverage should enable sufficient pervious site area for planting, growth and retention of vegetation. Strategic Planning (draft) Strategy for Substantial Trees_V4.1 Infovision Ref: Last Amended: 16/04/2013 Page 17 of 76

18 DRAFT If there is no street tree within the frontage of a dwelling, a new street tree should be proposed. Objective To ensure that developments on or near ridgelines retain existing trees, sit below the tree canopies, minimise excavation, and enable further tree planting to form a continuous canopy, so that the scenic quality is maintained and enhanced. Design Response New buildings at or near ridgelines should be designed and sited so that cut and fill is minimised and the building sits below the height of trees along the ridgeline. Trees and vegetation that contribute to the landscape should be retained. New native or indigenous trees should be planted on or near the ridgeline to form a continuous canopy. Note: The Neighbourhood Character Strategy defines medium trees as trees that have a mature height of 8 to 13m and large trees as trees that have a mature height of 13m and above. Other Planning Scheme Controls, Provisions and other Mechanisms for Vegetation Protection As indicated in Map 1 Banyule already has a level of permanent protection for trees within the Planning Scheme (although this is lacking in the west of the municipality in the respective Garden Court and Garden Suburban neighbourhoods). This is through the application of the following Overlays: Permanent Vegetation Protection Overlays These VPOs protect vegetation in most of the area east of the Plenty River. The VPOs provide protection only from lopping or removal and provide no protection from building or works carried out in the tree root zone. There are four schedules to the VPO: Plenty River East Area (VPO1): This schedule promotes conservation of the existing pattern of vegetation, landscape quality and ecosystems in the area. Loyola Seminary Precinct (VPO2): This schedule applies to a location where significant vegetation is included on the National Trust of Australia s register. Eaglemont, Ivanhoe East and Ivanhoe area (VPO3): This schedule supports Council s Neighbourhood Character Study and applies to important vegetation within Ivanhoe and Ivanhoe East. It reinforces the importance of street trees, mature vegetation and the habitat value of the wider area. Elliston Estate (VPO4): This schedule applies to a location where previous subdivision has created an integrated urban and landscape environment. Environmental Significance Overlay The Environmental Significance Overlay (ESO) includes protection of any vegetation in areas adjacent to the Yarra and Plenty Rivers and the Darebin Creek, sites of botanical, zoological and habitat significance and protection of trees on the existing Significant Tree Register. The ESO Strategic Planning (draft) Strategy for Substantial Trees_V4.1 Infovision Ref: Last Amended: 16/04/2013 Page 18 of 76

19 DRAFT provides protection from lopping, removal and building or works in the root zone within the tree canopy. The schedules to the ESO include; Yarra River, Plenty River and Darebin Creek (ESO1): This schedule affects areas along Banyule s major waterways, which include areas of fauna and flora significance. Macleod Red Gum Area (ESO2): This schedule provides for the protection of substantial stands of River Red Gums and associated indigenous vegetation that provide habitat for native fauna. This vegetation contributes to wildlife corridors and landscape quality. Sites of Botanical, Zoological and Habitat Significance (ESO3). This schedule affects areas of flora and fauna significance, away from Banyule s major waterways. Significant Trees and areas of vegetation (ESO4): This schedule provides for the protection of significant vegetation. This includes individual trees, groups of trees and other areas of significance in Banyule. Maintenance of Banyule s Significant Tree Register, provides the impetus to periodically update this schedule. Streeton Views Estate (ESO5): This schedule was established for remnant indigenous vegetation on land developed for the Streeton Views Estate. It provides for instances where land may be redeveloped close to retained vegetation. Significant Landscape Overlay The Significant Landscape Overlay (SLO) includes protection of specified native vegetation in areas near the Yarra River. This includes buildings and works. It is generally contiguous with the ESO along the waterway. There are two schedules for the SLO; Watercourse Environs (SLO1): This schedule affects land near the Yarra River and lower reaches of the Plenty River. It acknowledges the importance of these waterway landscapes to encourage development that is in keeping with the character and appearance of the watercourse environment. Yarra Valley Landscape Area (SLO2): This schedule affects landscapes near to the Yarra River, such as open space areas, golf courses, wetlands, vegetation and other natural habitat along the river and also the lower reaches of the Darebin Creek. Heritage Overlay The Heritage Overlay (HO) includes protection of heritage places of natural or cultural significance. This overlay includes the protection of any vegetation or land associated with a heritage place and requires a permit to remove, destroy, prune or lop any tree where tree controls apply. Examples include the Walter Burley Griffin Glenard Estate in Eaglemont, Greensborough Cemetery, the Hawdon Street Cemetery and various private homes of historic significance. Under the Scheme s Particular Provisions, Clause focuses on the protection and conservation of native vegetation. Strategic Planning (draft) Strategy for Substantial Trees_V4.1 Infovision Ref: Last Amended: 16/04/2013 Page 19 of 76

20 DRAFT Clause Native Vegetation Purpose To protect and conserve native vegetation to reduce the impact of land and water degradation and provide habitat for plants and animals. To achieve the following objectives: o To avoid the removal of native vegetation. o If the removal of native vegetation cannot be avoided, to minimise the removal of native vegetation through appropriate planning and design. o To appropriately offset the loss of native vegetation. To provide for the management and removal of native vegetation in accordance with a property vegetation plan. To manage vegetation near buildings to reduce the threat to life and property from bushfire. Under this provision a permit is required to remove, destroy or lop native vegetation, including dead native vegetation. A table is provided in the Clause, which specifies when a permit is not required. This table exempts native vegetation on land which, together with all contiguous land in one ownership, has an area of less than 0.4 hectare. The Banyule Planning Scheme makes no further specifications in the Schedule to C52.17 in regards to permit exemptions. An application must be supported by a written explanation that demonstrates the steps that have been taken to: Avoid the removal of native vegetation, where possible. Minimise the removal of native vegetation. Appropriately offset the loss of native vegetation, if required. Of relevance are the following decision guidelines which must be considered when making a decision on an application: Victoria s Native Vegetation Management A Framework for Action (Department of Natural Resources and Environment 2002). Whether the proposed development can be located and designed to avoid the removal of native vegetation. Whether the proposed development is located and designed to minimise the removal of native vegetation. The need to offset the loss of native vegetation having regard to the conservation significance of the vegetation. The conservation and enhancement of the area. The preservation of and impact on the natural environment or landscape values. Any relevant approved Regional Vegetation Plan. (See below). In addition there are also several other Strategies and mechanisms in place to further protect trees these are listed below: Strategic Planning (draft) Strategy for Substantial Trees_V4.1 Infovision Ref: Last Amended: 16/04/2013 Page 20 of 76

21 DRAFT Port Phillip and Western Port CMA (PPWPCMA) Regional Vegetation Plan The PPWPCMA Regional Vegetation Plan sits under the Native Vegetation Framework (Victoria s Native Vegetation Management A Framework for Action) and provides regional guidelines for vegetation protection. Section 173 Agreements Other controls for vegetation are triggered by the provisions of Section 173 Agreements of the Planning and Environment Act Such agreements are used for subdivisions where significant or substantial vegetation should be protected. The geographical cover these protection measures provide is displayed in Map 3 below. Map 3: Neighbourhood Character Precincts affected by existing and permanent Planning Scheme Controls and other tree protection mechanisms Strategic Planning (draft) Strategy for Substantial Trees_V4.1 Infovision Ref: Last Amended: 16/04/2013 Page 21 of 76

22 DRAFT State Government of Victoria - Victorian Planning Provisions (VPP) Practice Notes VPP Practice Note (No. 7) Vegetation Protection in Urban Areas The State Government produced a Practice Note for the protection of vegetation in urban areas in This practice note provides guidance on how to assess the significance of vegetation in urban areas and how to protect significant vegetation through the planning scheme. In doing this some of the key issues which need to be understood and addressed before the formulation of planning scheme outcomes include: o identify the value of vegetation to the community and the factors that contribute to its value o establish a reliable and consistent methodology to evaluate vegetation o identify criteria for assessing vegetation for its natural and cultural value o protect vegetation for its contribution to the character of an area o identify the best methods of protecting vegetation o balance the protection of vegetation with the practical considerations of vegetation management and safety o manage change in the urban environment where increases in development densities result in the cumulative loss of vegetation o control vegetation removal before development approval is granted. The practice note goes on to state that a local strategy [be prepared] for vegetation protection [and] should identify vegetation issues at the local level and formulate objectives and strategies for vegetation protection and enhancement. The Practice note prescribes that if vegetation is to be protect in the planning scheme then there must be the strategic justification for this provided in the MSS. It also provides considered information about the various planning tools (Overlays) available to protect vegetation and how to decide on the appropriate tool e.g. What is to be protected? Why is it being protected? How should it be protected? And what other requirements apply to the land and are there any gaps? VPP Practice Note (No. 51) Buildings and Native Vegetation Removal This practice note provides guidance on the operation of planning permit exemptions for native vegetation removal associated with constructing and maintaining buildings, including dwellings. Note: in Victoria a planning permit is required to remove, destroy or lop native* vegetation. However, there are specific exemptions which enable native vegetation to be removed without the need for a planning permit. * Native vegetation is defined in planning schemes as plants that are indigenous to Victoria, including trees, shrubs, herbs and grasses. The requirement to obtain a planning permit to remove, destroy or lop native vegetation and the related exemptions can be found at Clause of all planning schemes. No Council approval or notice is required to remove native vegetation if an exemption applies. However should an Overlay Strategic Planning (draft) Strategy for Substantial Trees_V4.1 Infovision Ref: Last Amended: 16/04/2013 Page 22 of 76

23 DRAFT apply to the land then the planning scheme requirements under these Overlays are separate to the requirements under Clause Importantly the Practice Note goes on to state that several exemptions do not apply where there is a practical opportunity to site buildings and works to avoid the removal, destruction or lopping of native vegetation. Building designers should always carefully assess the location of new buildings and works to avoid impacts on native vegetation where it is practical to do so. This requirement implements the first step (avoid) of the three step approach to native vegetation defined in Victoria s Native Vegetation Management A Framework for Action (Department of Natural Resources and Environment 2002). VPP Practice Note (No. 49) Native Vegetation Offsets Planning authorities must have regard to the Framework detailed above when considering proposals involving native vegetation, including deciding offsets. A strategic approach to native vegetation management and the three steps of avoid, minimise and offset is encouraged. Practice Note no. 49 provides advice for planning authorities about native vegetation offsets, including; deciding when an offset is required, identifying an appropriate offset and securing an offset. An offset must be identified once a decision is made to allow native vegetation removal as part of (amongst others) a planning permit. The Practice Note discusses the relevance of the Framework for planning applications for native vegetation removal triggered by Overlays. In this case the three-step approach may be relevant depending on; the purpose of the control, the nature and significance of the vegetation to be protected, any vegetation protection objectives to be achieved, and the decision guidelines in the control. The relevance of the Framework to these applications should be decided on a case-bycase basis. Strategic Planning (draft) Strategy for Substantial Trees_V4.1 Infovision Ref: Last Amended: 16/04/2013 Page 23 of 76