Mount Development Plan Amendment MOUNT BARKER (DC) DEVELOPMENT PLAN SIGNIFICANT TREES DPA Development Plan Amendment by the Council For Consultation May 2008
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Development Plan Amendment MOUNT BARKER (DC) DEVELOPMENT PLAN SIGNIFICANT TREES DPA Development Plan Amendment by the Council Explanatory Statement
EXPLANATORY STATEMENT 1. Introduction The Development Act, 1993 enables Councils and the Minister for Urban Development and Planning to make amendments to Development Plans through the preparation of a Development Plan Amendment (DPA). A DPA may propose changes to the zones within a Development Plan or may introduce new zones, additional policies, concept plans or other information to help guide and control the location, design and type of development. The Minister for Urban Development and Planning has agreed to Council preparing a Development Plan Amendment to address the protection and retention of Significant Trees within the Mount Barker (DC) Development Plan. This DPA provides; A summary of the proposed changes, A report on the findings of the investigations, and Details of the amendments to the Development Plan. 2. Need for Amendment The District Council of Mount Barker has continuously performed as one of the fastest growing areas in the State. The main townships within the District Council of Mount Barker continue to offer a lifestyle and amenity that is highly desirable as a place to live. The associated growth of the townships within the District has brought about a number of issues to be dealt with by Council to preserve the features that have attracted new residents to the area. One of those issues is the protection and retention of significant trees that contribute to the rural character and landscapes of the townships and their surrounds in the Mount Barker District. Pressure to release additional land for residential purposes, both on infill and broad acre rural sites is placing an increasing number of trees under threat of removal. The potential loss of trees from the urban landscape will have an impact on the existing character of the District. The loss of trees and vegetation will also detrimentally affect the soil and water quality as well as the biodiversity of the region. The District Council of Mount Barker has undertaken significant research to recognise and protect the District s cultural, built and natural heritage. As part of a number of strategic reports, studies and Plan Amendment investigations undertaken in recent years, including most recently the District Wide Heritage Survey, the District Council of Mount Barker has identified the important role that vegetation and specifically significant trees play in the character, heritage and quality of life experienced within the urban landscapes of the Mount Barker district. As part of the District Wide Heritage PAR process, a number of trees have been identified as having heritage value. These trees have been listed as either local or contributory heritage items. 'Significant trees can be defined as all exotic and native trees with a trunk circumference of 2 metres or greater, or in the case of trees with multiple trunks, 4
those with trunks with a total circumference of greater than 2 metres or more and an average circumference of 625 millimetres or more. All measurements are to be taken at 1 metre above natural ground level. South Australia's significant tree controls came into effect on 20 April 2000 through amendments to the Development Act 1993 and Development Regulations 1993. The Development Act 1993 provides that any activity that causes damage to a significant tree is classifed as development and as such requires a development application and development approval prior to any development occurring. Tree damaging activity includes: the killing or destruction of a tree; or the removal of a tree; or the severing of branches, limbs, stems or trunk of a tree; or the ringbarking, topping or lopping of a tree; or any other substantial damage to a tree; or and includes any other act or activity that causes any of the foregoing to occur. It does not include maintenance pruning that is not likely to adversely affect the general health and appearance of a tree. Significant Tree controls enable councils to require a development application for the removal of, or damage to, any significant tree in the Adelaide Metropolitan area and townships in the Adelaide Hills Council. Being outside the Adelaide Metropolitan area the current significant tree controls do not apply within the District Council of Mount Barker. For the above reasons Council has determined to act to further protect and enhance the visual amenity and environment of its townships by developing policies that protect the established vegetation that meets the significant tree definitions within the Development Act and Development Regulations 1993, within the urban and township areas of the District Council of Mount Barker. 3. Area Affected The urban areas within the District Council of Mount Barker are affected by the proposed Plan Amendment. 4. Summary of Proposed Policy Changes Objectives and Principles of Development Control will be inserted into the Council wide section of the Mount Barker (DC) Development Plan to provide guidance when assessing development applications involving tree-damaging activities affecting significant trees. Guidance will also be provided on the need to protect trees from trunk or root damage, or other actions that may affect the health of the tree, including ground works in close proximity to the tree. The new policies should assist in achieving balanced decision making with respect to significant tree development applications, and are not intended to prevent all significant tree removal. 5
Policy to be introduced will have regard to the previously determined significant tree policy as development by the Minister for Urban Development and Planning as part of the Significant Tree Control Ministerial PAR, the Urban Trees Planning Bulletin and other existing development plan policy. The Significant Tree Plan Amendment seeks to address: Inclusion of objectives and principles of development control to recognise and control the removal of significant trees within the District Council of Mount Barker townships. Inclusion of objectives and principles of development control to encourage the retention and protection of trees of significant aesthetic, cultural or environmental value. The need for significant trees to be accommodated in established urban areas undergoing regeneration where their retention will have a positive impact on the local environment. Consideration of when the removal or maintenance of a significant tree may be appropriate including if work is proposed for the health of the tree, the tree presents a significant risk to public safety or the tree poses a risk to buildings or structure of particular important to the local community. Appropriateness of introducing exemptions to significant tree removal policies for specific species identified as introduced or pest species that cause significant environmental damage. Proposed policy changes will amend the Council-wide provisions by introducing the following policy to guide the retention of significant trees: OBJECTIVES 1 The conservation of significant trees, in the Residential, Deferred Urban, Regional Town Centre, Neighbourhood Centre, Local Centre, Industrial/Commercial, Industry, Public Purpose, Rural Living, Landscape, Historic Township (Main Street Heritage Area), Historic Township (Residential Heritage Area), Historic Township (Residential) and Historic Township (Rural Setting Heritage Area) Zones of the District Council of Mount Barker, that provide important aesthetic and environmental benefit. 2 The conservation of significant trees in balance with achieving appropriate development. PRINCIPLES OF DEVELOPMENT CONTROL 1 Development should preserve a significant tree where it: (a) makes an important contribution to the character or amenity of the local area; or (b) is indigenous to the local area and its species is listed under the National Parks and Wildlife Act 1972 as a rare or endangered native species; or (c) represents an important habitat for native fauna; or (d) is part of a wildlife corridor of a remnant area of native vegetation; or 6
(e) is important to the maintenance of biodiversity in the local environment; or (f) forms a notable visual element to the landscape of the local area. 2 Development should be undertaken with the minimum adverse affect on the health of a significant tree. 3 Significant trees should be preserved and tree-damaging activity should not be undertaken unless: (a) in the case of tree removal: (i) the tree is diseased and its life expectancy is short; or (ii) the tree represents an unacceptable risk to public or private safety; or (iii) the tree is within 20 metres of a residential, tourist accommodation or habitable building and is a bushfire hazard within a Bushfire Prone Area; or (iv) the tree is shown to be causing or threatening to cause substantial damage to a substantial building or structure of value; and (v) all other reasonable remedial treatments and measures have been determined to be ineffective; and (vi) it is demonstrated that all reasonable alternative development options and design solutions have been considered to prevent substantial tree-damaging activity occurring. (b) in any other case: (i) the work is required for the removal of dead wood, treatment of disease, or is in the general interests of the health of the tree; or (ii) the work is required due to unacceptable risk to public or private safety; or (iii) the tree is within 20 metres of a residential, tourist accommodation or habitable building and is a bushfire hazard within a Bushfire Prone Area; or (iv) the tree is shown to be causing or threatening to cause damage to a substantial building or structure of value; or (v) the aesthetic appearance and structural integrity of the tree is maintained; or (vi) it is demonstrated that all reasonable alternative development options and design solutions have been considered to prevent substantial tree-damaging activity occurring. 4 Development involving ground work activities such as excavation, filling and sealing of surrounding surfaces (whether such work takes place on the site of the tree or otherwise) within a distance equal to the under-tree canopy of a significant tree, should only be undertaken where the aesthetic appearance, health and integrity of the significant tree, including its root system, will not be adversely affected. 5 Land should not be divided or developed where the division or development would be likely to result in a substantial tree-damaging activity occurring to a significant tree. 6 Where development is to take place in respect of, or in close proximity to a significant tree (whether such development takes place on the site of the tree or otherwise) that tree should be protected by appropriate measures during the course of the development, to prevent any disturbance including compaction, excavation, filling or contact causing damage to branches. 7
5. Consultation The DPA will be released for public consultation for a period of two months providing the opportunity for any interested person or organisation to make comment on it. A public hearing will also be conducted where any interested party is able to speak in relation to the DPA. It should be noted that where no member of the public indicates a desire to be heard by Council then no public hearing will be held. Subsequent changes to the DPA may occur as a result of the consultation process. As per the Statement of Intent, agency consultation will occur concurrently with public consultation and the following agencies will be consulted: Native Vegetation Council Department of Environment and Heritage Primary Industries and Resources SA Planning SA Adelaide Hills Regional Development Board Conservation Council of South Australia Natural Resource Management Board The following adjoining Councils will be consulted during the agency consultation phase: City of Onkaparinga Adelaide Hills Council Alexandrina Council Rural City of Murray Bridge Mid-Murray Council 6. Professional Advice In the course of preparing this DPA, the District Council of Mount Barker has been advised by Mr Darren Starr, Manager Development and Planning Policy and Mr Henry Inat, General Manager Strategy both of the District Council of Mount Barker, persons holding the prescribed qualifications pursuant to Section 26(1) of the Development Act 1993 and Regulation 86(5) of the Development Regulations 1993. The DPA has assessed the extent to which the proposed amendment: Accords with the Statement of Intent; Accords with the Planning Strategy; Accords with other parts of the Development Plan; Complements the policies in Development Plans for adjoining areas; and Satisfies the requirements prescribed by the Regulations. 7. Concluding Note This Explanatory Statement does not form part of the Amendment. 8
Location Map Figure 1 AREA AFFECTED District Council of Mount Barker Areas affected by Significant Tree Planning Provisions 9
CERTIFICATE OF CHIEF EXECUTIVE OFFICER THAT THE SIGNIFICANT TREE DEVELOPMENT PLAN AMENDMENT IS SUITABLE FOR APPROVAL I, Andrew Stuart as Chief Executive Officer of District Council of Mount Barker, certify, in relation to the proposed amendments to the Mount Barker (DC) Development Plan, as last consolidated on 20 March 2008, referred to in the report accompanying this certificate- (a) (b) (i) (ii) (iii) (iv) that the council has complied with the requirements of section 25 of the Development Act 1993 and that the amendments are in a correct and appropriate form; and in relation to any alteration to the amendments recommended by the council in its report under section 25(13)(a) of the Act, that the amendments (as altered)- accord with the Planning Strategy, on the basis that each relevant provision of the Planning Strategy that relates to the amendments has been specifically identified and addressed, including by an assessment of the impacts of each policy reflected in the amendments against the Planning Strategy, and on the basis that any policy which does not fully or in part accord with the Planning Strategy has been specifically identified and an explanation setting out the reason or reasons for the departure from the Planning Strategy has been included in the report of the council; and accord with the other parts of the Development Plan (being those parts not affected by the amendments); and complement the policies in the Development Plans for adjoining areas; and satisfy the other matters (if any) prescribed under section 25(14)(b)(ii) of the Development Act 1993. DATED this day of... Andrew Stuart 10
Development Plan Amendment MOUNT BARKER (DC) DEVELOPMENT PLAN SIGNIFICANT TREES DPA Development Plan Amendment by the Council Statement of Investigations For Consultation May 2008 1
STATEMENT OF INVESTIGATIONS BACKGROUND In January 2000 the Minister for Transport and Urban Planning formed the Urban Trees Reference Group to advise on appropriate policies and legal mechanisms, which will provide the State and Local Governments with the ability to manage and prevent inappropriate and indiscriminate urban tree removal. The Reference Group was established in response to community and State and Local Government concerns regarding tree removals, and in particular concern over the removal of large trees. In forming the Reference Group the Minister recognised that trees form an important part of the urban environment, are highly valued by the community and play a major role in maintaining the liveable quality of our suburbs. Following recommendations from the Reference Group, the State Government made the decision to introduce legislation to Parliament to amend the Development Act 1993 and Development Regulations 1993 to enable the protection of large trees and a range of other significant trees in Metropolitan Adelaide. Being outside the metropolitan area the legislation did not extend to the District Council of Mount Barker so significant tree polices are not currently in place in the Mount Barker council area. The Mount Barker (DC) Development Plan currently has some development control principles which relate to vegetation conservation. However these are only able to be used to encourage vegetation retention where a development application is to be assessed and the principles are considered as part of the overall assessment. If the significant tree criteria, as defined in the development Regulations 1993, is extended to include the urban areas of the District Council of Mount Barker this will make treedamaging activities to significant trees development, with development applications being required to conduct any tree damaging activity. It is the role of this Development Plan Amendment to introduce polices for the assessment of any application for tree damaging activity into the Mount Barker (DC) Development Plan. INTRODUCTION Trees are a highly valued part of the outer metropolitan areas of the Adelaide environment and significantly contribute to the rural character of this region. They are important for a number of reasons including high aesthetic value, preservation of bio-diversity, provision of habitat for fauna, and preservation of original and remnant vegetation. The Statement of Intent to undertake the Significant Trees Development Plan Amendment was agreed to by the District Council of Mount Barker and the Minister for Urban Development and Planning on 11 October 2006. The following issues have been investigated as part of the preparation of the draft Development Plan Amendment in accordance with the provisions of the statement of intent. Inclusion of objectives and principles of development control to recognise and control the removal of significant trees within the District Council of Mount Barker townships. 2
The draft DPA identifies two new Objectives and six new Principles of Development Control to be included within the Council wide section of the Mount Barker (DC) Development Plan to recognise and control the removal of significant trees. Inclusion of objectives and principles of development control to encourage the retention and protection of trees of significant aesthetic, cultural or environmental value. The proposed Objectives and Principles of Development Control to be included in the Council Wide section of the Mount Barker (DC) Development Plan address the above issues. The need for significant trees to be accommodated in established urban areas undergoing regeneration where their retention will have a positive impact on the local environment. By outlining (in Objective 90) that the new Significant Trees policies will apply to the Residential, Deferred Urban, Regional Town Centre, Neighbourhood Centre, Local Centre, Industrial/Commercial, Industry, Public Purpose, Rural Living, Landscape, Historic Township (Main Street Heritage Area), Historic Township (Residential Heritage Area), Historic Township (Residential) and Historic Township (Rural Setting Heritage Area) Zones this issue will be addressed as this is where the regeneration of the existing urban areas will occur. Consideration of when the removal or maintenance of a significant tree may be appropriate including if work is proposed for the health of the tree, the tree presents a significant risk to public safety or the tree poses a risk to buildings or structure of particular important to the local community. Proposed Principle of Development Control 328 outlines that any tree-damaging activity should not be undertaken unless the tree is diseased and its life expectancy is short, the tree represents an unacceptable risk to public or private safety, the tree is within 20 metres of a residential, tourist accommodation or habitable building and is a bushfire hazard, the tree is shown to be causing or threatening to cause substantial damage to a substantial building or structure of value; and all other reasonable remedial treatments and measures have been determined to be ineffective and it is demonstrated that all reasonable alternative development options and design solutions have been considered to prevent substantial tree-damaging activity occurring. It also contains an outline that certain work required for the health of the tree such as the removal of dead wood, treatment of disease, or is in the general interests of the health of the tree are appropriate. Appropriateness of introducing exemptions to significant tree removal policies for specific species identified as introduced or pest species that cause significant environmental damage. It has been determined not to progress with this issue, primarily as it may cause an unacceptable risk of removal of trees associated with heritage assets that while they may be introduced species significantly contribute to the heritage character of the district. In addition the mechanism for potentially achieving this, namely making the removal of these species complying development was not considered an appropriate method for Council to pursue. 3
Review of Better Development Plan modules (Significant Trees) to determine their appropriateness for application in the Mount Barker (DC) Development Plan. The proposed Objectives and Principles of Development Control are based on the Significant Tree policy library that forms part of the Better Development Plan project. Review of the draft Living with Trees in Urban Areas planning advisory document, prepared by a joint Planning SA and LGA Working group to review significant tree controls and legislation. This document was reviewed along with a number of other key documents as part of the DPA process. Request for a variation to the Development Regulations 1993 to include the urban areas of the District Council of Mount Barker within the area in which significant trees controls apply. In order for Significant Tree controls to be applicable within the District Council of Mount Barker an amendment to the Development Regulations 1993 is required. This amendment can only be undertaken at the direction of the Minister for Urban Development and Planning. As part of the progression of this DPA, Council will be writing to the Minister requesting that an amendment to the Development Regulations 1993, specifically, inclusion of the urban areas namely the Residential, Deferred Urban, Regional Town Centre, Neighbourhood Centre, Local Centre, Industrial/Commercial, Industry, Public Purpose, Rural Living, Landscape, Historic Township (Main Street Heritage Area), Historic Township (Residential Heritage Area), Historic Township (Residential) and Historic Township (Rural Setting Heritage Area) Zones within the District Council of Mount Barker area are included in the 'designated area for the protection of significant trees in accordance with Part 2 6(A) (1) (a) of the Development Regulations 1993, accompany the authorisation of the Development Plan Amendment. Schedule 9 of the Development Regulations 1993 also outlines the categories of notification that specific development will be subject to prior to a decision on the application being made by the relevant authority, in this case Council. Schedule 9 specifically outlines that any development which comprises a tree-damaging activity in relation to a significant tree is Category 1, except where: the activity is undertaken under section 54A of the Act (which relates to urgent work for reasons of public safety), or the activity is undertaken on land owned or occupied by a council where the council is the relevant authority in which case Category 2 public notification applies. Under Category 1, public notification of development is not required. However, Category 2 notification involves a letter to all adjoining owners as to the development being proposed and offers the opportunity to make comment on the development, in this instance tree damaging activity or tree removal. Council could with the agreement of the Minister for Urban Development and Planning specify tree damaging activities as Category 2 in specific zones, if it could be demonstrated that all tree damaging activity warranted the opportunity for adjoining owners to be formally notified. However a review of other Council s Development Plan has indicated that this approach has not been widely adopted or accepted and consequently is not sought through this DPA. 4
PART l 1 DEVELOPMENT ACT 1993 REQUIREMENTS Section 25 of the Development Act 1993, prescribes that a Development Plan Amendment must assess the extent to which the proposed amendment: (a) accords with the Statement of Intent; (b) accords with the Planning Strategy; (c) accords with other parts of the Development Plan; (d) complements the policies in the Development Plans for adjoining areas; and (e) satisfies the requirements prescribed by the Regulations. 1.1 Extent to which proposed amendment accords with the Statement of Intent: The Statement of Intent listed the following investigations to be undertaken to form the basis of the amendment: Suitability of adopting Significant Tree provisions into the Mount Barker (DC) Development Plan to preserve and protect any tree identified as significant pursuant to the Development Act and Development Regulations 1993. Impact of the Native Vegetation Act on the control of clearance of vegetation in the District Council of Mount Barker and the ramifications of adopting significant tree control for urban areas. A review of the extent to which the current Development Plan policies complement the State Planning Strategy in relation to protection of vegetation. Inclusion of objectives and principles of development control to encourage the retention and protection of trees of significant aesthetic, cultural or environmental value. Consideration of when the removal or maintenance of a significant tree may be appropriate including if work is proposed for the health of the tree, the tree presents a significant risk to public safety or the tree poses a risk to buildings or structure of particular important to the local community. Appropriateness of introducing exemptions to significant tree removal policies for specific species identified as introduced or pest species that cause significant environmental damage. Review of Better Development Plan modules (Significant Trees) to determine their appropriateness for application in the Mount Barker (DC) Development Plan. Review of the documents produced by Planning SA and the Urban Trees Reference Group on significant trees including Managing Significant Trees in the Urban Environment and Significant Urban Trees Bulletin. Review of the draft Living with Trees in Urban Areas planning advisory document, prepared by a joint Planning SA and LGA Working group to review significant tree controls and legislation. Request for a variation to the Development Regulations 1993 to include the urban areas of the District Council of Mount Barker within the area in which significant trees controls apply. 5
It is considered that the draft Significant Trees DPA has addressed these issues and therefore accords with the agreed Statement of Intent. 1.2 Extent to which proposed amendment accords with the Planning Strategy The Planning Strategy for the Outer Metropolitan Adelaide Region is the relevant source of strategic guidance for planning policy and provides support for appropriate vegetation retention and biodiversity conservation. The following Planning Strategy policies were considered as part of the investigations for this Significant Trees DPA; REGION WIDE POLICIES 3.1 Water Resources 1. Minimise land use intensification in the Mount Lofty Ranges Watershed. 3. Integrate the management, protection and use of water resources into broader land use planning and management. This DPA promotes the; Preservation of significant vegetation within the townships of the Mount Lofty Ranges Watershed, Integrates the preservation of vegetation into the planning process by making tree damaging activity Development and consequently through the relationship of vegetation to water, integrates natural resource management into broader landuse planning and management. 3.2 Biodiversity 1. Integrate the management, protection and use of water resources into broader land use planning and management. (d) Ensure that planning policy and development assessment processes are informed by ecological investigations and impact assessment specific to the affected area and its biodiversity, especially when land is proposed to be rezoned for more intensive use (e) Assess and take into account the potential cumulative impact over time of land uses and land division on native habitats when developing planning policy by taking into account the potential, intensity, scale and size of development. By using the development process as a mechanism to preserve significant vegetation, this DPA achieves biodiversity objectives by; Requiring provision of aborist advice to inform the Development process. Provides protection for significant vegetation by ensuring Significant Tree provisions automatically apply to any rezoning of Rural Land to non-rural landuses. Requires development proposals to consider their impact on significant trees and endeavour to preserve vegetation in the first instance. Targets the perseveration of vegetation at the high end of its life cycle and the contribution that vegetation makes to the local habitat, ecosystems and biodiversity. 3.5 Open Space, Recreation and Sport 2. Ensure that biodiversity assets are protected within the overall open space framework with a focus on enhancing the Regional Open Space System (d) Ensure areas of conservation significance are not degraded or put at risk from conflicting land uses. The proposed introduction of Significant Tree controls will aide vegetation preservation within the Districts Landscape and Public Purpose zones enhancing ROSS. 6
3.11 Hazards 2. Ensure development policies include all relevant bushfire management and prevention legislation and measures. Significant Tree controls are compatible with and promote bushfire management and prevention controls. TOWNS AND URBAN DEVELOPMENT 3.12 Towns 4. Maintain the small-scale and character of local towns and protect the surrounding landscape character from urban encroachment (d) Ensure that development in towns is designed and located to protect sensitive environments, including the coast, (f) Preserve and enhance landscape qualities viewed from scenic routes and around gateways to towns. The Significant Tree provisions compliment and support existing historic conservation policy designed to preserve the small scale rural landscape character of the townships within the District. The provisions also ensure that development must endeavour to preserve vegetation which contributes to the local habitat, character and landscape 3.15 Urban Design 1. Enhance elements that contribute to the overall character of outer metropolitan towns (a) Reinforce the expression of distinctive natural elements such as hills, coast, watercourses ane vegetation and emphasise significant views and view points. The Significant Tree provisions will enhance of the overall character of the District through the preservation of mature vegetation within the urban townships, which express and reflect the rural setting and character, as well as maintain the vegetated hilly landscapes and views of the District. BUSINESS AND INDUSTRY 3.19 Tourism Facilities 1. Promote and enhance those qualities of the region that attract tourists (b) Protect the natural landscapes of the region along designated scenic routes and town approaches. The District is renowned for its rural setting and character which is valued by both residents and visitors, the Significant Tree provisions will ensure the preservation of this character within the urban townships. 1.3 Extent to Which Proposed Amendment Accords with Other Parts of the Development Plan The proposed Plan Amendment amends the 1 March 2007 development policy components of the Mount Barker (DC) Development Plan. Where these amendments may affect other parts of the Development Plan, changes are recommended to ensure consistency and clarity in policy intent for these areas also. The changes to policy within the Development Plan are considered to be complementary and consistent with the other objectives and principles contained within the Mount Barker (DC) Development Plan. 7
1.4 Extent to Which Proposed Amendment Complements the Policies in the Development Plans for Adjoining Development Plans The amendments proposed are based on Better Development Plan policies which are best practice planning policy. The BDP policy modules are a resource encouraged to be used in the development of development plan policy throughout the State. Council has also looked closely at the way in which policy is written to achieve specific residential design outcomes in adjoining and other Council areas and has adopted such policy to suit local conditions where appropriate. 1.5 Extent to Which Proposed Amendment Satisfies the Requirements Prescribed by the Regulations The requirements for public consultation (Regulation 11) and the public hearing (Regulation 12) associated with this Development Plan Amendment will be met. 8
PART ll 2 RELEVANT STATE, REGIONAL & LOCAL STUDIES & DOCUMENTS There are many studies at a local, regional and state level that have been undertaken to inform, or that are relevant to, the proposed Significant Trees Plan Amendment. These studies are briefly summarised below with key policy implications noted. 2.1 Managing Significant Trees in the Urban Environment This document is the report of the Urban Trees Reference Group which was formed in January 2000 by the then Minister for Transport and Urban Planning. The Reference Group recommended the introduction of tree controls in urban areas through the Development Act, 1993 and Development Regulations. The proposed regulations included controls on large trees (2.5 metres and greater circumference); rare and endangered tree species; and important areas, corridors and other significant trees. In the report, the Reference Group makes recommendations relating to the categorisation of trees; legislation; the preparation of policies and guides; education, information and consultation; review of the policy; and other recommendations relating to site clearance, crown development, enforcement, assessment fees, funding of research and categories of public notification. 2.2 Planning Bulletin, Significant Urban Trees The Planning Bulletin, Significant Urban Trees, provides Councils with a number of Objectives and Principles of Development Control as possible examples of provisions that could be inserted into Development Plans for the assessment of applications relating to tree damaging activities. While the Bulletin targets Metropolitan Councils, Councils outside the metropolitan area are able to request the Minister to apply the controls to rural cities and towns. The Bulletin sets out the procedures for Council-prepared Development Plan Amendments for Significant (Urban) Trees, including an explanation of how to identify such trees, and the definition of tree-damaging activity. 2.3 Information about protecting Significant Urban Trees, Planning SA July 2003 The purpose of this document is to provide a brief overview of the new controls that allow councils and communities to protect significant urban trees. The document provides the definition of a significant tree and explains the activities that are controlled by the new Development Act. The document also aims to explain the procedures for assessing a development application with respect to a significant tree. 2.4 Mount Barker District s Community Strategic Plan 2004-2007, August 2004 The Mount Barker District s Community Strategic Plan 2004-2007 contains the following objectives and strategies, which are relevant: 9
MOUNT BARKER DISTRICT S COMMUNITY STRATEGIC PLAN 2004-2007 GOAL1: LIFESTYLE Support and encourage a well-planned District that provides for the needs of the community, enhances the quality of life, and is safe and accessible for all. OBJECTIVES 1. Promote the District of Mount Barker as a positive place to live, work and play. 2. Preserve and enhance the heritage and rural character of the area as unique qualities of the District. STRATEGIES 1.13 Ensure future development of the District occurs in an environmentally sustainable manner and enhances the quality of life for all. GOAL 3: ENVIRONMENT Promote, value, conserve and manage the natural and built environment for the benefit of current and future generations and at every opportunity observe the principles of ecological sustainability. OBJECTIVES 1. All development in the District occurs in 3.1 Ensure Council s policy documents, an environmental, social and economically including the Development Plan embraces sustainable manner. principles of sustainable development as 2. Encourage environmentally responsible articulated in the Environment Action Plan. land management practices. 3.2 Promote the importance of 4. Provide a leadership role in a range of environmentally sensitive land environmental issues including water management practices within our management. community as articulated in the 6. Recognise, conserve and enhance the Environment Action Plan. District s built, cultural and indigenous 3.10 Develop a water resource environmental heritage management strategy that encompasses 7. Identify and deploy emerging all areas and activities that impact on technologies including renewable water quality, water quantity and flooding energies. involving all key stakeholders. Take advantage of potential opportunities through use of reclaimed effluent and stormwater. Source: Extracted from the Mount Barker District s Community Strategic Plan 2004-2007, August 2004 2.5 Residential and Industry Strategy 2020: Towards Sustainability, District Council of Mount Barker, August 2003 The District Council of Mount Barker endorsed its strategic planning document, Residential and Industry Strategy 2020: Towards Sustainability (R&I Strategy 2020), on 18 August 2003. Council s vision for the District, incorporated in the following four statements, formed the foundation of the R&I Strategy 2020: The District Council of Mount Barker contains a self sufficient and prosperous rural and peri-urban community underpinned by principles of sustainability. 10
Clean industry and affordable developments that exhibit best practice urban design and environmentally sustainable elements within fixed township boundaries. The District s urban and rural areas contribute to the provision of a comprehensive range of life-cycle employment, housing and social needs for the community and thus have reduced reliance on travel to metropolitan Adelaide. The R&I Strategy 2020 reviewed the supply and demand for industrial and residential land over a 20 year period across the District as well as identifying the need to pursue rural policy reform to clearly express and protect prime horticultural and agricultural areas. The R&I Strategy 2020 concluded with 10 key recommendations, covering rural township character, the role of centres, the amendment of residential and industrial planning policy, formal identification of land used for public/educational purposes and the identification of sites for residential and industrial growth over a 20 year period. 2.6 Mount Barker District Environmental Action Plan 2003-2006 (22 August 2003) The Barker District Environmental Action Plan 2003-2006 is a plan to realise Council s environmental related goals and objectives expressed within its Community Strategic Plan 2001-2004. The Mount Barker District EAP was adopted by Council on 19 April 2004. The Council is committed to ecologically sustainable development and continuous environmental improvement within its District. The District Council of Mount Barker is also a member of the Cities for Climate Protection Program (CCP). 2.7 Mount Barker Water Resource Management Plan, 2004 The Mount Barker Catchment is located on the eastern slopes of the Mount Lofty Ranges. Mount Barker and Littlehampton are the main towns within the catchment and the main creek is the Mount Barker Creek, which flows from the central part of the catchment in a south easterly direction until it meets the Bremer River which eventually discharges to Lake Alexandrina. The Mount Barker Water Resource (MBWR) Management Plan attempts to strengthen the links between future land use and the availability of water through an assessment of the capacity of water resources to meet future demand based on a projected land use scenario. A key component of the Plan is a strategy to use alternative sources of water such as urban storm water and treated effluent where rural surface water and groundwater cannot meet demand. The MBWR Management Plan also recommends that the following water efficient measures be pursued: The nature of landscaping in urban areas and townships can contribute to an ongoing demand for water. Landscapes installed by private developers as part of the selling point of a residential or industrial estate need to be designed with a longer term view of the operational and cost impacts on the public authorities who will eventually be responsible for management of these places. Individual property owners should also be encouraged through clearly expressed planning policies to select plant species and a garden design that minimise water use. The ability to capture and re-use stormwater at a site level on gardens and within the house should also be encouraged in policies. (Good Residential Design provides detailed design elements related both to off-site and on-site stormwater drainage and harvesting). 11
2.8 Native Vegetation Act 1991 & Native Vegetation Regulations 2003 The Native Vegetation Act 1991 and Native Vegetation Regulations 2003 control the clearance of native vegetation in defined areas (generally that area outside the Metropolitan areas of Adelaide) and they apply to the District Council of Mount Barker. The Native Vegetation Regulations 2003 also outline the scenarios where native vegetation may be cleared without the need for consent from the Native Vegetation Council. However in these cases where exemptions for clearance of native vegetation apply there may still be requirements for approval under separate legislation such as the Development Act 1993. Trees that are exempt from protection under the Native Vegetation Act, 1991 could be protected by Significant Tree provisions in the Development Act, 1993. Section 54B of the Development Act 1993 deals with the interaction of controls on significant trees with other legislation and specifically outlines that: (1) The requirement to obtain approval under this Part for a tree-damaging activity in relation to a significant tree applies despite the fact that the activity may be permitted under the Native Vegetation Act 1991. (2) The requirement to obtain approval under this Part for a tree-damaging activity in relation to a significant tree does not apply if the activity is being carried out (a) under Part 5 of the Electricity Act 1996; or (b) under, or in connection with the operation of, an order under section 299 of the Local Government Act 1999; or (c) under another Act, or specified provisions of another Act, prescribed by the regulations for the purposes of this subsection. An example of an exemption from requiring native vegetation clearance permission under the Native Vegetation Regulations 2003 would be for the clearance of vegetation to accommodate the construction of a dwelling or structure associated with a dwelling e.g. carport or garage, approved under the provisions of the Development Act 1993. While the above situation does allow for the clearance of native vegetation without approval where the native vegetation to be cleared is outside of Residential or Township Zone within the relevant Development Plan, the landowner is required to consult with the Native Vegetation Council prior to the removal of any vegetation. As highlighted above it is worth noting is that general maintenance pruning and the pruning and cutting of trees around power lines relating to Part 5 of the Electricity Act 1996 are exempt from obtaining approval. This issue is often raised by the community after pruning has occurred around electricity infrastructure, however there is little Council is able to do to prevent this work occurring other than to try and work with contractors engaged to undertake this work to minimise the impact on adjacent vegetation. 2.9 NATURAL RESOURCES MANAGEMENT ACT 2004 The Natural Resources Management Act 2004 promotes sustainable and integrated management and protection of the State's natural resources. The State NRM Plan (2006) is a key component of integrated natural resources management arrangements under the Natural Resources Management Act 2004. The Plan ensures that management actions are better integrated to more effectively and efficiently protect and enhance South Australia's natural systems - our catchments, bioregions, 12
landscapes and ecosystems, both terrestrial and marine - whether they are managed for production, settlement or conservation. The NRM Plan aims to protect indigenous vegetation for the purpose of preserving habitat, biodiversity and landscape functionality. The Significant Trees DPA compliments the NRM Plan by contributing to the integrated consideration of vegetation management and preservation in relation to development. 13
PART lll 3. REVIEW OF CURRENT SIGNIFICANT TREES DEVELOPMENT PLAN POLICY One of the key reasons for undertaking this amendment is to update the existing Development Plan policy as it relates to retention and protection of significant trees. 3.1 Council Wide Policies The Council Wide policy provisions relating specifically to tree and vegetation protection and conservation are limited and include the following: Council Wide Objectives 46: The preservation of trees of historic, local, or particular, visual significance. 47: Protection, enhancement and re-establishment of indigenous vegetation, including roadside vegetation in a manner which will not increase the risk of bushfires. 48: The preservation and replanting of roadside vegetation. 49: The retention of environmentally-significant areas of native vegetation. 50: The retention of native vegetation where clearance is likely to lead to problems soil erosion, soil slip and soil salinisation, flooding or a deterioration in the quality of surface waters. 51: The retention of native vegetation for amenity purposes, for livestock shade and shelter, and for the movement of native wildlife. 56: The conservation and preservation of flora, fauna, and significant areas of bushland, and the creation of recreation areas by establishing parks and reserves. Council Wide Principles of Development Control 127 Native vegetation should not be cleared if it: (a) provides important habitat for wildlife; (b) has a high plant species diversity or has rare or endangered plant species and plant associations; (c) has high amenity value; (d) contributes to the landscape quality of an area; (e) has high value as a remnant of vegetation associations characteristic of a district or region prior to extensive clearance for agriculture; (f) is associated with sites of scientific, archaeological, historic, or cultural significance; or (g) is growing in, or is characteristically associated with, a wetland environment. 128 When clearance is proposed, consideration should be given to: (a) retention of native vegetation for, or as: (i) corridors or wildlife refuges; (ii) amenity purposes; (iii) livestock shade and shelter; or (iv) protection from erosion along watercourses and the filtering of suspended solids and nutrients from run-off; (b) the effects of retention on farm management; and (c) the implications of retention or clearance on fire control. 129 Trees of historical or local significance and single trees or groups of trees of particular visual significance should be preserved and protected against disfigurement. If it is necessary to fell these trees, replanting should proceed. 14
130 Trees of vegetation designated as local heritage places in Table MtB/12 should only be cut or removed in any of the following circumstances: (a) where the tree or vegetation is, or has the potential to be, a danger to life or property; (b) where the tree or vegetation would impede development for which a valid development approval has been granted; (c) where a tree or vegetation unreasonably restricts solar access; (d) where a tree or vegetation unreasonably obstructs access by pedestrians or vehicles; or (e) where the removal of the tree or vegetation is necessary to prevent damage to, and enhance, a building of local or state heritage significance. 3.2 Zone Specific Policies The Mount Barker (DC) Development Plan also contains a number of specific urban zones, which promote the conservation of vegetation. The protection of vegetation is also promoted in the rural zones of the District Council of Mount Barker Development Plan, however as it is not proposed to alter the existing protection of native vegetation in this DPA the details within these zones is not included in this DPA. Residential 23 Individual trees of significance to the landscape, and stands of trees should be retained where possible and incorporated in land division designs: (a) in open space reserves; (b) in large allotments for medium density housing; and (c) in road reserves adjacent to allotment boundaries. Deferred Urban Zone 2 Native vegetation should, wherever possible, be preserved with buildings sited to minimise vegetation clearance. Rural Living Zone 17 The division of land should be prepared in association with building envelope plans, (defining the outlines or limits of proposed buildings and ancillary structures) that promote: (e) maximising the retention of mature vegetation; 19 Buildings and structures should: (c) maximise the retention of mature vegetation; 29 Allotment layout and design, and the nature and layout of development should: (c) minimise the impact on or avoid the need for clearance of native vegetation. 33 Residential, tourist accommodation and habitable buildings should: (b) be sited on areas devoid of native vegetation and set back at least 20 metres from existing hazardous vegetation to avoid the need for further native vegetation clearance or removal of a significant tree for fire protection purposes; 15
(c) retain native vegetation where it does not contribute significantly to fire hazard and be designed and constructed in accordance with accepted standards to minimise the danger or damage from bushfires; Landscape zone 12 Trees and other vegetation throughout the zone should be preserved. Where the felling of trees is necessary, replanting should proceed. 20 Residential, tourist accommodation and habitable buildings should: (a) be sited to minimise the danger or damage from bushfires. Ridge tops, steep slopes, particularly slopes with northerly or westerly aspects, should be avoided and the flatter portion of the allotment used as building sites; (b) be sited on areas devoid of native vegetation and set back at least 20 metres from existing hazardous vegetation to avoid the need for further native vegetation clearance or removal of a significant tree for fire protection purposes; (c) retain native vegetation where it does not contribute significantly to fire hazard and be designed and constructed in accordance with accepted standards to minimise the danger or damage from bushfires; It is considered that the proposed Significant Tree polices are consistent with the existing Development Plan policy and that the existing policy outlined above does not need to be modified within the existing Mount Barker (DC) Development Plan. 16
PART IV 4 PROPOSED SIGNIFICANT TREES DEVELOPMENT PLAN POLICY Significant Trees Objective 1: Objective 2 The preservation of significant trees in the Residential, Deferred Urban, Regional Town Centre, Neighbourhood Centre, Local Centre, Industrial/Commercial, Industry, Public Purpose, Rural Living, Landscape, Historic Township (Main Street Heritage Area), Historic Township (Residential Heritage Area), Historic Township (Residential) and Historic Township (Rural Setting Heritage Area) Zones of the District Council of Mount Barker which provide important aesthetic and environmental benefit. The conservation of significant trees in balance with achieving appropriate development. Principle of Development Control 1: Development should preserve a significant tree where it: (a) makes an important contribution to the character or amenity of the local area; or (b) is indigenous to the local area and its species is listed under the National Parks and Wildlife Act 1972 as a rare or endangered native species; or (c) represents an important habitat for native fauna; or (d) is part of a wildlife corridor of a remnant area of native vegetation; or (e) is important to the maintenance of biodiversity in the local environment; or (f) forms a notable visual element to the landscape of the local area. Principle of Development Control 2: Development should be undertaken with the minimum adverse affect on the health of a significant tree. Principle of Development Control 3: Significant trees should be preserved and treedamaging activity should not be undertaken unless: (a) in the case of tree removal: (i) the tree is diseased and its life expectancy is short; or (ii) the tree represents an unacceptable risk to public or private safety; or (iii) the tree is within 20 metres of a residential, tourist accommodation or habitable building and is a bushfire hazard within a Bushfire Prone Area; or (iv) the tree is shown to be causing or threatening to cause substantial damage to a substantial building or structure of value; and (v) all other reasonable remedial treatments and measures have been determined to be ineffective; and (vi) it is demonstrated that all reasonable alternative development options and design solutions have been considered to prevent substantial tree-damaging activity occurring. (b) in any other case: (i) the work is required for the removal of dead wood, treatment of disease, or is in the general interests of the health of the tree; or (ii) the work is required due to unacceptable risk to public or private safety; or (iii) the tree is within 20 metres of a residential, tourist accommodation or habitable building and is a bushfire hazard within a Bushfire Prone Area; or (iv) the tree is shown to be causing or threatening to cause damage to a substantial building or structure of value; or (v) the aesthetic appearance and structural integrity of the tree is maintained; or 17
(vi) it is demonstrated that all reasonable alternative development options and design solutions have been considered to prevent substantial tree-damaging activity occurring. Principle of Development Control 4: Development involving ground work activities such as excavation, filling and sealing of surrounding surfaces (whether such work takes place on the site of the tree or otherwise) within a distance equal to the under-tree canopy of a significant tree, should only be undertaken where the aesthetic appearance, health and integrity of the significant tree, including its root system, will not be adversely affected. Principle of Development Control 5: Land should not be divided or developed where the division or development would be likely to result in a substantial tree-damaging activity occurring to a significant tree. Principle of Development Control 6: Where development is to take place in respect of, or in close proximity to a significant tree (whether such development takes place on the site of the tree or otherwise) that tree should be protected by appropriate measures during the course of the development, to prevent any disturbance including compaction, excavation, filling or contact causing damage to branches. 4.1 Development Assessment, Engineering and Environmental Staff Input Several workshop sessions were held with the above key staff who advised on interpretation of policy; The outcomes of these sessions have also informed the proposed amendments recommended as part of this DPA. 4.2 Significant Tree Better Development Plan Modules In formulating Significant Tree policy, Council had regard to the Significant Tree Better Development Plan policy modules available from Planning SA. The modules format, framework and policies have been adapted for the District Council of Mount Barker. In preparing this DPA Council has sought advice from Planning SA to ensure consistency with the Significant Tree Better Development Plan module. 4.3 Consultation with the Native Vegetation Council In the preparation of this DPA Council has sought advice from the Native Vegetation Council on how Significant Tree policy could co-exist with Native Vegetation Clearance legislation. The initial view on this issue is that the two controls on tree removal can be managed to ensure that where an exemption for native vegetation clearance is automatically granted through existing exemptions, then the removal of significant trees will be able to be considered within the provisions of the Development Act 1993, this issue will be further elaborated during formal consultation on the DPA. This is consistent with Section 54B of the Development Act 1993 which states that: (1) The requirement to obtain approval under this Part for a tree-damaging activity in relation to a significant tree applies despite the fact that the activity may be permitted under the Native Vegetation Act 1991. 18
Draft Development Plan Amendment MOUNT BARKER (DC) DEVELOPMENT PLAN SIGNIFICANT TREES DPA Development Plan Amendment by the Council For Consultation May 2008 19
Name of Local Government Area: District Council of Mount Barker Name of Development Plan(s): Mount Barker (DC) Name of DPA: Significant Trees DPA Amendment Instructions Table The following amendment instructions (at the time of drafting) relate to the Mount Barker Development Plan consolidated on 20 March 2008. Where amendments to this Development Plan(s) have been authorised after the aforementioned consolidation date, consequential changes to the following amendment instructions will be made as necessary to give effect to this amendment. In the first column detail the method of change. AMEND AFTER AMEND INSERT In the second column detail what it is to be AMENDED, AMENDD, AFTERD or INSERTED. OBJECTIVE PRINCIPLE OF DEVELOPMENT CONTROL MAPPING OTHER SPECIFY In the third column provide the instruction detail, noting that the use of attachments is recommended when text passages are lengthy. Is renumbering required? YES NO Conseque ntial amendme nts YES NO (detail at end of each section) COUNCIL WIDE PROVISIONS (including figures and illustrations contained in the text) Insert Council Wide Objectives Insert the contents of Attachment No A immediately after Objective 90 Insert Council Wide Principles of Insert the contents of Attachment Yes Development Control B immediately after PDC 331 ZONES N/A N/A N/A N/A N/A TABLES N/A N/A N/A N/A N/A MAPPING N/A N/A N/A N/A N/A 20
ATTACHMENT A Significant Trees 91 The conservation of significant trees, in the Residential, Deferred Urban, Regional Town Centre, Neighbourhood Centre, Local Centre, Industrial/Commercial, Industry, Public Purpose, Rural Living, Landscape, Historic Township (Main Street Heritage Area), Historic Township (Residential Heritage Area), Historic Township (Residential) and Historic Township (Rural Setting Heritage Area) Zones of the District Council of Mount Barker, that provide important aesthetic and environmental benefit. 92 The conservation of significant trees in balance with achieving appropriate development. 21
ATTACHMENT B Significant Trees 332 Development should preserve a significant tree where it: (a) makes an important contribution to the character or amenity of the local area; or (b) is indigenous to the local area and its species is listed under the National Parks and Wildlife Act 1972 as a rare or endangered native species; or (c) represents an important habitat for native fauna; or (d) is part of a wildlife corridor of a remnant area of native vegetation; or (e) is important to the maintenance of biodiversity in the local environment; or (f) forms a notable visual element to the landscape of the local area. 333 Development should be undertaken with the minimum adverse affect on the health of a significant tree. 334 Significant trees should be preserved and tree-damaging activity should not be undertaken unless: (a) in the case of tree removal: (i) the tree is diseased and its life expectancy is short; or (ii) the tree represents an unacceptable risk to public or private safety; or (iii) the tree is within 20 metres of a residential, tourist accommodation or habitable building and is a bushfire hazard within a Bushfire Prone Area; or (iv) the tree is shown to be causing or threatening to cause substantial damage to a substantial building or structure of value; and (v) all other reasonable remedial treatments and measures have been determined to be ineffective; and (vi) it is demonstrated that all reasonable alternative development options and design solutions have been considered to prevent substantial treedamaging activity occurring. (b) in any other case: (i) the work is required for the removal of dead wood, treatment of disease, or is in the general interests of the health of the tree; or (ii) the work is required due to unacceptable risk to public or private safety; or (iii) the tree is within 20 metres of a residential, tourist accommodation or habitable building and is a bushfire hazard within a Bushfire Prone Area; or (iv) the tree is shown to be causing or threatening to cause damage to a substantial building or structure of value; or (v) the aesthetic appearance and structural integrity of the tree is maintained; or (vi) it is demonstrated that all reasonable alternative development options and design solutions have been considered to prevent substantial treedamaging activity occurring. 22
335 Development involving ground work activities such as excavation, filling and sealing of surrounding surfaces (whether such work takes place on the site of the tree or otherwise) within a distance equal to the under-tree canopy of a significant tree, should only be undertaken where the aesthetic appearance, health and integrity of the significant tree, including its root system, will not be adversely affected. 336 Land should not be divided or developed where the division or development would be likely to result in a substantial tree-damaging activity occurring to a significant tree. 337 Where development is to take place in respect of, or in close proximity to a significant tree (whether such development takes place on the site of the tree or otherwise) that tree should be protected by appropriate measures during the course of the development, to prevent any disturbance including compaction, excavation, filling or contact causing damage to branches. 23